§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider the general immunity from jurisdiction conferred by Section 1 of the State Immunity Act 1978 to be compatible with the 94WA obligations contained in Articles 5(2), 7(1) and 14(1) of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and Articles 3, 6(1) and 13 of the European Convention on Human Rights; and
How the United Kingdom has fulfilled the obligation in Article 14(1) of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment to ensure that, in our legal system, the victim of an act of torture committed abroad obtains redress and has an enforceable right, to fair and adequate compensation against any perpetrator within the jurisdiction of the United Kingdom; and
Whether they will consider introducing a measure to imbed the State Immunity Act 1978 so that a state is not immune in respect of acts done by a public official or person acting in an official capacity which constitute torture in breach of Section 134 of the Criminal Justice Act 1988; and
Whether they will consider introducing an amendment to the Criminal Justice Act 1988 so as to make an act of torture in breach of Section 134 of the Criminal Justice Act 1988 an actionable tort or, in Scotland, a delict.
§ Baroness Chalker of WallaseyThe Questions asked by the noble Lord raise issues which, as he will be aware, are currently before the English courts.