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abu ghraib
'Big Day... for Justice': US Jury Finds Contractor CACI Liable for Abu Ghraib Torture
"This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse," said one of the Iraqi plaintiffs.
Nov 12, 2024
In a landmark verdict cheered by human rights defenders around the world, a federal jury in Virginia found a U.S. military contractor liable for the torture of three prisoners at the notorious Abu Ghraib prison during the invasion and occupation of Iraq in the early 2000s.
The jury ordered CACI Premier Technology to pay each of the three Iraqi plaintiffs $3 million in compensatory damages and $11 million in punitive damages, for a total of $42 million. It is the first time that a civilian contractor has been found legally responsible for abusing Abu Ghraib detainees.
The lawsuit against CACI—filed in 2008 by the Center for Constitutional Rights (CCR) on behalf of Suhail Al Shimari, Asa'ad Al Zuba'e, and Salah Al-Ejaili—alleged that company officials conspired with U.S. military personnel in subjecting the plaintiffs to torture and other crimes.
As CCR noted Tuesday:
The plaintiffs brought their case under the Alien Tort Statute, a 1789 federal law that allows foreign nationals to seek redress in U.S. courts for certain violations of international law. This historic outcome follows 16 years of litigation, more than 20 attempts by CACI to have the case dismissed, and a previous trial in which the jury was unable to reach a verdict. Never before this case had survivors of U.S. post-9/11 torture testified in a U.S. courtroom. It also featured testimony from U.S. generals, CACI employees, and former [military police officers] involved in the torture.
"Today is a big day for me and for justice," said Al-Ejaili. "I've waited a long time for this day."
"This victory isn't only for the three plaintiffs in this case against a corporation," he added. "This victory is a shining light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse."
CCR legal director Baher Azmy said that "our clients have fought bravely for 16 years in search of justice for the horrors they endured at Abu Ghraib, against all of the challenges this massive private military contractor threw in their way over the years to avoid basic accountability for its role in this shameful episode in American history."
"We are awed by our clients' courage and by the power of their testimony in court, and we are grateful that this jury knew enough to credit their story over the deflections of CACI," Azmy added. "We thank the jury for affording our clients the measure of justice they came to a United States court to seek."
Like Guantánamo Bay, Abu Ghraib became a byword for U.S. torture during the Bush administration as it waged a worldwide war on terrorism following the September 11, 2001 attacks. The prison's worldwide notoriety stems from the leak and publication in 2004 of photos showing U.S. troops torturing and abusing Abu Ghraib detainees, both living and dead, often with smiles on their faces.
A 2004 investigation by U.S. Army Lt. Gen. Anthony Jones and Maj. Gen. George Fay found that CACI employees participated in and encouraged the torture of Abu Ghraib prisoners.
Investigators found that employees of CACI and Titan Corporation (now L3 Technologies) tortured Abu Ghraib detainees and encouraged U.S. troops to do likewise. Dozens of Abu Ghraib detainees died in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners endured torture ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A separate U.S. Army report concluded that most Abu Ghraib prisoners were innocent, with the Red Cross estimating that between 70-90% of inmates there were wrongfully detained. These include women who were held as bargaining chips to induce suspected militants to surrender.
Eleven low-ranking U.S. soldiers were convicted and jailed for their roles in Abu Ghraib torture. Brig. Gen. Janis Karpinski, the prison's commanding officer, was demoted. No other high-ranking military officer faced accountability for the abuse. Senior Bush administration officials—who had authorized many of the "enhanced interrogation techniques" used at prisons including Abu Ghraib and Guantánamo Bay—lied about their knowledge of the torture. None of them were ever held accountable.
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'This Is What the US Military Was Doing in Iraq': Photos of 2005 Haditha Massacre Finally Published
"I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny," said one survivor who was just 8 years old during the attack by U.S. Marines.
Aug 28, 2024
After years of working with Iraqis whose relatives were killed by U.S. Marines in the 2005 Haditha massacre, American journalists finally obtained and released photos showing the grisly aftermath of the bloody rampage—whose perpetrators never spent a day behind bars.
On Tuesday, The New Yorker published 10 of the massacre photos—part of a collaboration with the "In the Dark" podcast that joined the magazine last year.
The podcast's reporting team had filed its public records request four years ago, then sued the U.S. Navy, Marine Corps, and Central Command over their failure to hand over the images. "In the Dark" host Madeleine Baran also traveled with a colleague to Iraq's remote Anbar Province to meet relatives of some of the 24 Iraqi civilians—who ranged in age from 1 to 76—slaughtered by U.S. troops.
"The impact of an alleged war crime is often directly related to the horror of the images that end up in the hands of the public."
Baran explained that she sought the relatives' help partly because "we anticipated that the government would claim that the release of the photos would harm the surviving family members of the dead," as "military prosecutors had already made this argument after the trial of the final accused Marine."
Khalid Salman Raseef, an attorney who lost 15 members of his family in the massacre, told Baran that "I believe this is our duty to tell the truth."
The graphic photos show dead Iraqi men, women, and children, many of them shot in the head at close range. One 5-year-old girl, Zainab Younis Salim, is shown with the number 11 written on her back in red marker by a U.S. Marine who wanted to differentiate the victims in photos.
On November 19, 2005, a convoy of Humvees carrying Marines of Kilo Company, 3rd Battalion, First Marine Division was traveling through Haditha when a roadside bomb believed to have been placed by Iraqis resisting the U.S. invasion killed Miguel Terrazas, a popular lance corporal, and wounded two other Marines.
In retaliation, Marines forced a nearby taxicab to stop and ordered the driver and his four student passengers out of the vehicle. Sgt. Frank Wuterich then executed the five men in cold blood. Another Marine then desecrated their bodies, including by urinating on them.
Wuterich then ordered his men to "shoot first and ask questions later," and they went house to house killing everyone they saw. They killed seven people in the Walid family home, including a toddler and an elderly couple.
"I watched them shoot my grandfather, first in the chest and then in the head. Then they killed my granny," Iman Walid, a survivor who was 8 years old when her family was slain, toldTime in 2006.
Next, the Marines killed eight people in the Salim family home, six of them children. Finally, the troops executed four brothers in a closet in the Ahmad family home.
The Marines subsequently conspired to cover up what a military probe would deem a case of "collateral damage." The military initially claimed that 15 Iraqi civilians were killed by the same explosion that took Terrazas' life. However, a local doctor who examined the victims' bodies said they "were shot in the chest and head from close range."
Eight Marines were eventually charged in connection with the massacre. Six defendants were found not guilty and one had their case dismissed. Initially charged with murder, Wuterich pleaded guilty and was convicted of dereliction of duty. He was punished with a reduction in rank and was later honorably discharged from service.
Marine Corps Gen. James Mattis—who earned his "Mad Dog" moniker during one of the atrocity-laden battles for the Iraqi city of Fallujah in 2004—intervened on behalf of the Haditha defendants and personally dismissed charges against one of them.
Later, while serving as former President Donald Trump's defense secretary, Mattis oversaw an escalation in what he called the U.S. war of "annihilation" against Islamic State in Iraq and Syria. The general warned that "civilian casualties are a fact of life in this sort of situation," and thousands of men, women, and children were subsequently slaughtered as cities including Mosul and Raqqa were leveled.
The Haditha massacre was part of countless U.S. war crimes and atrocities committed during the ongoing so-called War on Terror, which has claimed hundreds of thousands of civilian lives in at least half a dozen countries since 2001. One of the reasons why the Haditha massacre is relatively unknown compared with the torture and killings at the U.S. military prison in Abu Ghraib, Iraq is that photos of the former crime have been kept hidden for decades.
"The impact of an alleged war crime is often directly related to the horror of the images that end up in the hands of the public," Baran wrote in the New Yorker article. She noted that Gen. Michael Hagee, who commanded the Marines at the time of the Haditha massacre, later boasted how "proud" he was about keeping photos of the killings secret.
"This," journalist Murtaza Hussain
reminded the world on Tuesday, "is what the U.S. military was doing in Iraq."
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Israeli Officials Hiding Data About Forced Starvation of Gaza Prisoners: Report
Former detainees say the Israel Prison Service "has significantly reduced their food rations, to the point of starvation, causing them to shed dozens of kilograms."
Jun 27, 2024
Israeli prison officials are concealing information about reductions in food rations for Palestinians held in the Gaza Strip, where detainees—who have also reported horrific abuse including alleged rape and deadly torture—have been deliberately driven "to the point of starvation," according to a report published Thursday.
Security sources
told the Israeli newspaper Haaretz that the Israel Prison Service (IPS) is intentionally cutting Palestinian prisoners' caloric intake, a move confirmed by Israeli National Security Minister Itamar Ben-Gvir, who called the policy a "deterrent."
"The Palestinian detainees will receive the minimum rights and the minimum food, and I will ensure that this policy is implemented," Ben-Gvir, who leads the far-right Otzma Yehudit (Jewish Power) party,
said Thursday in response to a query from Israel's Supreme Court.
"There is no starvation, but my policy does call for reducing conditions, including food and calories," Ben-Gvir added.
"The IPS has been deploying a policy of starvation towards Palestinian prisoners and detainees."
However, dozens of Palestinians held by Israel, including so-called security prisoners and detainees unaffiliated with Hamas, have testified that the IPS "has significantly reduced their food rations, to the point of starvation, causing them to shed dozens of kilograms."
One unidentified security source told Haaretz: "Since the start of the war, there's been a deliberate policy of indiscriminate reduction of food. To put it mildly, this policy has raised factual questions about the figures provided by the prison service, to such an extent that it is impossible to get the full picture and to determine whether what is going on is legal at all."
"This is not just a legal question, it can cause security issues with serious implications," the source added.
According to the Association for Civil Rights in Israel, which, along with the Israeli human rights group Gisha, filed a petition in the High Court of Justice earlier this year:
Since October 7, 2023, the IPS has been deploying a policy of starvation towards Palestinian prisoners and detainees. Recently released prisoners testified that they suffered from constant and extreme hunger and very poor quality of food. Among the testimonies presented in the petition were those of a diabetic prisoner who ate toothpaste to raise blood sugar, and of prisoners who lost tens of kilograms in weight in recent months.
The petition argued that the food reduction policy amounts to starvation and torture, and contravenes Israeli and international law. It violates the constitutional right of security prisoners to dignity and health, constitutes a policy of collective punishment, and violates the IPS' obligation to provide detainees in its custody with appropriate prison conditions.
At a hearing on Wednesday, the High Court of Justice slammed the reduction of Palestinian prisoners' food rations as "unacceptable."
Appalling conditions have been widely reported in Israeli military lockups since the start of Israel's bombardment and invasion of Gaza in retaliation for the Hamas-led attacks that left more than 1,100 Israelis and others dead—at least some of whom were killed by so-called "friendly fire"—and over 240 others kidnapped on October 7.
According to Israeli whistleblowers who worked at the notorious Sde Teiman prison camp in the Negev Desert, Palestinian detainees there are tortured not to "gather intelligence," but "out of revenge" for October 7.
Often referred to as "Israel's Abu Ghraib"—the infamous U.S. military prison in Iraq where dozens of detainees died, some of them tortured to death—Sde Teiman has been described by former detainees as hell on Earth. Palestinians held there and at other detention sites described being electrocuted, mauled and even raped by dogs, and starved, among other abuses.
One Sde Teiman physician said that all patients at the camp's field hospital are handcuffed by all four limbs, 24 hours a day, regardless of how dangerous they are deemed. The doctor said that more than half of his patients at the camp have suffered cuffing injuries, including some that have required "repeated surgical interventions."
"Two prisoners had their legs amputated due to handcuff injuries, which unfortunately is a routine event," he toldHaaretz.
Last month, Haaretzrevealed that 27 detainees have died in custody at the Sde Teiman and Anatot camps or during interrogation by Israeli forces since October 7. While some were Hamas or other militants captured or wounded while fighting IDF troops, others were civilians, including some with preexisting health conditions like the diabetic laborer who was not suspected of any offense when he was arrested and sent to his death at Anatot.
One former Sde Teiman detainee also claimed that he personally witnessed Israeli troops execute five prisoners in separate incidents.
Photos and videos of Israeli troops abusing Palestinians—both alive and dead—have been published by perpetrators on social media. According to testimonies collected by the Geneva-based Euro-Mediterranean Human Rights Monitor, Israeli officers brought Israeli civilians into detention centers and allowed them to witness Palestinian prisoners being tortured.
Former detainees said groups of 10-20 Israeli civilians were allowed to record torture sessions in which the men, stripped nearly naked, were beaten with metal batons, electrocuted, and had hot water poured over their heads. The ex-prisoners said some of the Israelis laughed while filming their torture.
The new Haaretz report comes as the International Court of Justice is weighing whether Israel is committing genocide, in part by blocking food aid from reaching starving Gazans, dozens of whom have died of malnutrition.
International Criminal Court Prosecutor Karim Khan is also seeking to arrest Israeli Prime Minister Benjamin Netanyahu and his defense minister, Yoav Gallant, for alleged war crimes and crimes against humanity including forced starvation of Gazans and extermination. Khan is also pursuing warrants to arrest three Hamas leaders.
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