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Make
provision for actions for damages for torture; and for connected
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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The purpose of this Act
is to make a person who commits torture, and any State |
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whose servants or agents
commit torture, liable to an action for damages for |
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the benefit of the victim,
in particular where the torture occurs in a country |
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outside the United Kingdom
and it is impracticable for the victim or other |
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person bringing the claim
to obtain effective redress in that country. |
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2 |
Action
for damages for torture |
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(1) |
A person who commits torture
shall be liable to an action for damages. |
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(2) |
A person shall be liable
under this Act in respect of any act of torture wherever |
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(3) |
Where it is proved that
torture has been committed by a servant or agent of a |
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State, the State shall
be liable under this Act for the torture unless the State |
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(a) |
that it did not authorise
or condone the torture; and |
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(b) |
that it took all reasonably
practicable steps to prevent the torture from |
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(4) |
The reference to damages
in subsection (1) includes a reference to aggravated |
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(5) |
Notwithstanding section
1(2)(a)(i) of the Law Reform (Miscellaneous
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Provisions)
Act 1934 (c. 41) (effect of death on certain causes
of action) the |
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damages recoverable by
virtue of that section for the benefit of the estate of a |
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deceased person in respect
of torture include aggravated and exemplary |
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(6) |
In
this section “State” means any foreign or commonwealth
State (including the |
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United Kingdom); and references
to a State include references to— |
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(a) |
the sovereign or other head
of that State in his public capacity; |
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(b) |
the government of that State; |
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(c) |
any department of that government;
and |
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(d) |
where the act or omission
constituting the torture arises from the |
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exercise of sovereign authority,
any entity which is distinct from the |
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executive organs of the
government of that State and is capable of suing |
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Notwithstanding anything
in the Limitation Act 1980
(c. 58), an action for |
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damages under this Act
in respect of torture or death caused by torture may be |
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brought at any time within
the period of six years beginning with the date |
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when it first became reasonably
practicable for the person concerned to bring |
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4 |
Amendment
of State Immunity Act 1978 |
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After section 8 of the
State Immunity Act 1978 (c. 33)
insert— |
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“8A |
Liability
for torture |
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(1) |
A State is not immune
as respects proceedings in England and Wales |
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concerning
an action for damages in respect of torture or death caused
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(2) |
In this section “torture”
has the same meaning as in the Torture |
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5 |
Amendment
of Civil Procedure Rules 1998 |
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After paragraph 8 of Rule
6.20 of the Civil Procedure Rules 1998 (service out of |
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the jurisdiction where
permission of the court is required) insert— |
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“Claims in respect
of torture |
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(8A) |
a claim is made in respect
of torture (within the meaning of the Torture |
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(Damages)
Act 2007) or death caused by such torture.” |
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(1) |
Subject to subsection
(5) below, for the purposes of this Act a public official or
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person acting in an official
capacity, whatever his nationality, commits torture |
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if in the United Kingdom
or elsewhere he intentionally inflicts severe pain or |
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suffering on another in
the performance or purported performance of his |
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(2) |
Subject to subsection
(5) below, for the purposes of this Act a person not falling
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within subsection (1) above
commits torture, whatever his nationality, if— |
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(a) |
in the United Kingdom or
elsewhere he intentionally inflicts severe |
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pain or suffering on another
at the instigation or with the consent or |
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(i) |
of a public official;
or |
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(ii) |
of
a person acting in an official capacity; and |
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(b) |
the official or other person
is performing or purporting to perform his |
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official duties when he
instigates the infliction of that pain or suffering |
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or consents to or acquiesces
in it. |
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(3) |
Subject to subsection
(5) below, where a person commits torture in |
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circumstances falling within
subsection (2) above, the official or other person |
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concerned, whatever his
nationality, also commits torture for the purposes of |
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(4) |
It is immaterial whether
the pain or suffering is— |
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(a) |
physical or psychological;
or |
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(b) |
caused by an act or omission. |
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(5) |
An act or omission does
not constitute torture for the purposes of this Act if the |
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pain or suffering that
is inflicted thereby arises only as a result of sanctions |
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which are held lawful under
international law. |
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7 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Torture (Damages) Act 2007. |
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(2) |
This Act shall come into
force on such day as the Lord Chancellor may by order |
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made by statutory instrument
appoint. |
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(3) |
This Act extends to England
and Wales only. |
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