Let torture victims sue, demand MPs - News in brief - Evening Standard
       

Let torture victims sue, demand MPs

Victims of torture should be allowed to sue foreign governments for damages through British courts, a committee of MPs and peers has said.

The Joint Committee on Human Rights called on ministers to lift state immunity, rejecting Government claims that the move would breach international obligations.

It urged the Government to support a Bill being introduced in the Commons by Labour MP Andrew Dismore, who chairs the committee, which has been backed by a former Lord Chief Justice.

The Torture (Damages) Bill was approved by peers last year but stalled in the Commons and is also being reintroduced in the upper chamber by former Solicitor General Lord Archer of Sandwell.

Ministers have refused to allow the change, arguing it would breach a 2004 convention on state immunity and warning any attempt to seize the property or assets of another country would be highly controversial and potentially lead to retaliation.

But the committee said international law was flexible enough to make the legal argument insufficient reason to retain the "unjust, outdated" ban. And it urged the Government to take an international lead by opening the door for claims and then address the practical concerns once they arose.

Immunity has already been lifted for cases involving property and employment disputes.

The report concluded: "The practical questions of foreign relations, enforcement and litigation procedure are important, but they are secondary to the issue we are examining, which is: should there be a civil remedy available in the UK to victims of torture at the hands of foreign states?

"We are of the strong opinion that there should. Such an action would be in line with our positive responsibilities towards torture victims under international law. It would also go a long way towards the rehabilitation of torture victims, for whom access to an action for damages would itself be an acknowledgement of their suffering.

"The UK should lead the international community in condemning torture and expanding international law to ensure victims have access to the reparations they are entitled to. This Bill would send a strong message: there are consequences for states that torture."

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