Medical Foundation urges Parliament to legislate for survivors’ rights to justice
The second reading of the Torture Damages Bill in the House of Commons is a reminder of the vital role of justice in effective rehabilitation, says the Medical Foundation for the Care of Victims of Torture (MF).
The Bill, which is scheduled to be presented to Parliament on 26 June, seeks to enforce international law provisions that require states to provide access to justice for victims of torture including rights to reparation and rehabilitation, as guaranteed by Article 14 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Bill seeks to create an exception to the principle of state immunity, which currently protects states from legal action instigated by other states, thereby denying people exiled from their countries of origin from pursuing legal action against the governments responsible for their abuse. If enacted, the legislation would therefore enable torture survivors to bring civil claims in the UK, where no adequate or effective remedy exists in their countries of origin.
Speaking in support of the Bill, Director of Policy and External Affairs, Leanne MacMillan, said: "If passed, this legislation would be a milestone in the enforcement of international law. We rely on the full force of human rights law to ensure that torture survivors in the UK get all the protection and assistance they need. That includes some form of remedy for what they suffered."
The MF previously submitted evidence to the Parliamentary Committee on Human Rights highlighting the therapeutic value of justice for survivors of torture.
The Torture Damages Bill was originally introduced in the House of Lords by Lord Archer of Sandwell QC, where it received its first reading on 5 February 2008. The Bill successfully passed all stages in the Lords and had a first reading in the House of Commons on 18 November 2008, where it was sponsored by Andrew Dismore MP. The Bill lapsed and has since been reintroduced.
A summary of the Progress of the Torture (Damages) Bill can be seen here: http://www.publications.parliament.uk/pa/pabills/200607/torture_damages.htm.
The Bill is sponsored by the human rights organisation, Redress.