Torture Damages Bill offers hope of justice for victims

Efforts to introduce legislation that would allow torture survivors to hold perpetrators liable for damages in the UK courts has been backed by the Medical Foundation for the Care of Victims of Torture.

The Torture (Damages) Bill would for the first time "make a person who commits torture, and any State whose servants or agents commit torture, liable to an action for damages for the benefit of the victim", under the UK's domestic law.

The MF, which has issued a supporting statement to back the Bill, is keenly aware of how the ability to seek redress for the trauma suffered is a key component in a survivor's recuperation.

Experience shows that legal recognition of the torture a person has endured encourages significant psychological recovery and enables the torture survivor to mentally move forward in ways that other therapies cannot provide.

Currently there are no legal provisions in the UK which allow victims to sue perpetrators for damages in respect of the torture they have suffered. The Private Members' Bill, sponsored by Lord Peter Archer, would redress that balance.

The proposed legislation recognises that access to justice in the country in which the torture took place is not always a realistic avenue for torture survivors, where judicial systems operate under direct influence and interference from the State, law enforcement and security personnel or where the police are poorly equipped or trained to adequately investigate torture allegations.

Often the authorities responsible for investigating claims of torture are the very perpetrators. Initiating a complaint can therefore lead to further violence rather than a realistic investigation.

Under such circumstances, torturers are afforded effective immunity from prosecution, while prospects of recovery and redress for the victims are severely hampered.

A spokesperson for the MF said the prompt enactment of the Torture (Damages) Bill, would greatly aid victims in their recuperation and hold perpetrators accountable for the extreme suffering they have inflicted.

Click here to view a five-minute film about the Torture (Damages) Bill.

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