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Torture (Damages) (No. 2) Bill

A Bill to make provision for actions for damages for torture; and for connected purposes

What this bill does

The purpose of the Bill is to make provision for action for damages for torture. Similar Bills were introduced in the 2006–07 and 2007-08 parliamentary sessions. The Bill would make a person who commits torture liable to an action for damages in civil proceedings in England and Wales. A claim could be brought even where the torture occurred outside the UK, provided that no adequate and effective remedy existed in the state in which the torture took place. Liability would encompass not only an individual, but also any state whose servants or agents committed the torture.Key areasMakes a person, state (any foreign or commonwealth state including the UK), the sovereign or other head of that state in his public capacity, the Government and any department of that state, and any other entity capable of suing and being sued, liable to an action for damages in civil proceedings for tortureEnables an action to be brought at any time within six years Amends the State Immunity Act 1978 so that a state is not immune in respect of proceedings instituted against itDefines 'torture' as the intentional infliction by a public official or a person acting in an official capacity of severe pain or suffering on another in the performance or purported performance of his dutiesApplies the law of England and Wales for all proceedings brought under the provisions.

Originating House

House of Commons

Parliament last updated

9 November 2009

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

This bill would let people sue for damages in civil courts in England and Wales for torture, even if the torture happened outside the UK, as long as there was no adequate remedy in the country where it occurred. It would extend liability to the torturer’s state and its officials, remove state immunity in these cases, and set rules for how such claims are handled under English law. It also defines torture and provides a six-year time limit for bringing a claim.

Key Points

  • Allows civil actions for damages for torture in England and Wales, including torture abroad if no adequate remedy exists
  • Targets both individuals who commit torture and the states or government bodies whose servants or agents commit torture
  • Amends the State Immunity Act 1978 so states are not immune in these cases
  • Provides a six-year time limit to bring a claim
  • Defines torture and applies English law to all such proceedings

Progress

The bill is in the early stages of passage and is currently at the second reading in the House of Commons.

Who is affected?

Victims of torture seeking compensationPublic officials or agents who commit tortureForeign states and their departments or government bodies (including the UK)The UK government and its departments relevant to the caseThe English and Welsh courts and legal professionals handling civil tort claims

Generated 21 February 2026

Bill Stages

1st readingCommons

26 Jan 2009

2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
1st readingLords
2nd readingLords
Committee stageLords
Report stageLords
3rd readingLords
Royal Assent

Updates & Documents

News (1)

News - Torture (Damages) (No. 2)

1 Jan 1970

This Bill was presented to Parliament on 26 January. This is known as First Reading and there was no debate on the Bill at this stage.

The Bill was on the Order Paper for a Second Reading on several Fridays before being dropped by its sponsor, Mr Andrew Dismore.

Documents (1)

Bill as introduced
BillCommons
8 Jun 2009

Parliamentary Votes (0)

No recorded votes for this bill yet.