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'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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Mistrial Declared in Abu Ghraib Torture Suit Against US Contractor
"This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history," one plaintiff vowed.
May 02, 2024
The federal judge presiding over a case filed by three Iraqis who were tortured by U.S. military contractors in the notorious Abu Ghraib prison two decades ago declared a mistrial Thursday after jurors were unable to reach a unanimous verdict.
After eight days of deliberation—a longer period than the trial itself—the eight civil jurors in Alexandria deadlocked over whether employees of CACI conspired with soldiers to torture detainees. The Virginia-based professional services and information technology firm was hired in 2003 during the George W. Bush administration to provide translators and interrogators in Iraq during the U.S.-led invasion and occupation, conspired with soldiers to torture detainees.
U.S. District Judge Leonie Brinkema—who said Wednesday that "it's a very difficult case"—declared a mistrial.
Plaintiff Salah Al-Ejaili toldThe Guardian that "it is enough that we tried and didn't remain silent."
"We might not have received justice yet in our just case today, but what is more important is that we made it to trial and spoke up so the world could hear from us directly," he added. "This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history."
Baher Azmy, legal director of the Center for Constitutional Rights—which filed the case—said that "we are, of course, disappointed by the jury's failure to reach a unanimous verdict in favor of our plaintiffs despite the wealth of evidence."
"But we remain awed by the courage of our clients, who have fought for justice for their torment for 16 years," Azmy added. "We look forward to the opportunity to present our case again."
Al Shimari v. CACI, which was first filed in 2008 under the Alien Tort Statute—a law allowing non-U.S. citizens to sue for human rights abuses committed abroad—plaintiffs Suhail Al Shimari, Asa'ad Zuba'e, and Al-Ejaili accused CACI of conspiring with the U.S. military to perpetrate war crimes including torture at Abu Ghraib. The men suffered broken bones, electric shocks, sexual abuse, extreme temperatures, and death threats at the hands of their U.S. interrogators.
The case marked the first time a U.S. jury heard a case brought by Abu Ghraib survivors. Along with the Guantánamo Bay detention camp in Cuba, the prison became synonymous worldwide with U.S. torture during the War on Terror. Dozens of Abu Ghraib detainees died while in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners suffered torture and abuse ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A 2004 probe by Maj. Gen. Anthony Taguba found that the majority of Abu Ghraib prisoners—the Red Cross said 70-90%—were innocent. Women and girls were also imprisoned at Abu Ghraib as bargaining chips to lure militants wanted for resisting the U.S.-led invasion and occupation of their homeland. Some reported rape and sexual abuse by their captors, which reportedly led to the "honor killing" murders of multiple women.
CACI denies any wrongdoing and still gets millions of dollars worth of U.S. government contracts each year. In February, Fortunenamed CACI one of the "World's Most Admired Companies" for the seventh consecutive year.
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20 Years Later, Abu Ghraib Torture Victims Get Their Day in Court
"Meanwhile, the U.S. government STILL hasn't provided compensation or other redress to people tortured by U.S. troops in Iraq," said one observer. "These three men are the lucky few."
Apr 15, 2024
Two decades after they were tortured by U.S. military contractors at the notorious Abu Ghraib prison near Baghdad, three Iraqi victims are finally getting their day in court Monday as a federal court in Virginia takes up a case they brought during the George W. Bush administration.
The case being heard in the U.S. District Court in Alexandria, Al Shimari v. CACI, was first filed in 2008 under the Alien Tort Statute—which allows non-U.S. citizens to sue for human rights abuses committed abroad—by the Center for Constitutional Rights (CCR) on behalf of three Iraqis. The men suffered torture directed and perpetrated by employees of CACI, a Virginia-based professional services and information technology firm hired in 2003 by the Bush administration as translators and interrogators in Iraq during the illegal U.S.-led invasion and occupation.
"This lawsuit is a critical step towards justice for these three men who will finally have their day in court."
Plaintiffs Suhail Al Shimari, Asa'ad Zuba'e, and Salah Al-Ejaili accuse CACI of conspiring to commit war crimes including torture at Abu Ghraib, where the men suffered broken bones, electric shocks, sexual abuse, extreme temperatures, and death threats at the hands of their U.S. interrogators.
"This lawsuit is a critical step towards justice for these three men who will finally have their day in court. But they are the lucky few," Sarah Sanbar, an Iraq researcher at Human Rights Watch, wrote on Monday. "For the hundreds of other survivors still suffering from past abuses, their chances of justice remain slim."
"The U.S. government should do the right thing: Take responsibility for their abuses, offer an apology, and open an avenue to redress that has been denied them for too many years," Sanbar added.
U.S. military investigators found that employees of CACI and Titan Corporation (now L3 Technologies) tortured Iraqi prisoners 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 May 2004 report by Maj. Gen. Anthony Taguba concluded that the majority of Abu Ghraib prisoners—the Red Cross said 70-90%— were innocent. In addition to thousands of men and boys, some women and girls were also jailed there as bargaining chips meant to induce wanted insurgents to surrender. Some of them said they were raped or sexually abused by their American captors; lesser-known Abu Ghraib photos show women being forced to expose their private parts. Some female detainees were reportedly murdered by their own relatives in so-called "honor killings" after their release.
Eleven low-ranking U.S. soldiers were convicted and jailed for their roles in the Abu Ghraib torture scandal. 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.
Bush's successor, former President Barack Obama, promised to investigate—and if warranted, to prosecute—the Bush-era officials responsible for the torture that had become synonymous with the War on Terror. Instead, the Obama administration protected them from prosecution.
In 2013, L3 Technologies agreed to pay $5.28 million to 71 former Abu Ghraib detainees who were subjected to sexual assault and humiliation, rape threats, electrical shocks, mock executions, brutal beatings, and other abuse.
The following year, the 4th U.S. Circuit Court of Appeals overturned a lower court ruling prohibiting Abu Ghraib torture victims from suing U.S. companies implicated in their abuse. But the court later reversed itself, finding the case had sufficient ties to the United States to be heard in an American court. The suit was later dismissed under the political question doctrine, which prevents courts from ruling on issues determined to be essentially political.
However, in 2016, a 4th Circuit panel ruled that "the political question doctrine does not shield from judicial review intentional acts by a government contractor that were unlawful at the time they were committed," allowing the Iraqis' case to proceed.
"This is a historic trial that we hope will deliver some measure of justice and healing for what President Bush rightly deemed disgraceful conduct that dishonored the United States and its values," CCR senior attorney Katherine Gallagher toldThe Guardian on Monday.
"In many ways, this case may be seen as setting a precedent for holding contractors accountable for human rights violations should they happen in other contexts, too," she added.
CACI—which denies any wrongdoing—has tried to get the case dismissed 20 times. The company still lands millions of dollars worth of U.S. government contracts. In February, Fortuneincluded the firm on its "World's Most Admired Companies" list for the seventh straight year.
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