The jury trial of a US military contractor marked the first time survivors of post-9/11 torture testified in a U.S. courtroom. He was found guilty for torturing Iraqi civilians in Abu Ghraib.
Courthouse News reports:
A U.S. jury awarded $42 million in damages to three Iraqi civilians Tuesday, holding a military contractor accountable for torture during the “war on terror.”
According to the Center for Constitutional Rights representing the Iraqis along with firms Patterson Belknap and Akeel Valentine, the case, heard by a federal court in Virginia, is the first to include survivors of U.S. post-9/11 torture testifying in a U.S. courtroom.
“I’ve waited a long time for this day,” plaintiff Salah Al-Ejaili said in a statement. “This victory isn’t only for the three plaintiffs in this case against a corporation. 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. Those companies should no longer feel exempt from accountability moving forward.”
The claims stem from CACI Premier Technologies’ contract with the U.S. to assist with interrogations at Abu Ghraib prison in Iraq outside of Baghdad. According to the three plaintiffs, middle school principal Suhail Al Shimari, fruit vendor Asa’ad Zuba’e and journalist Al-Ejaili, they were tortured at the prison’s hard site. The U.S. never charged the three men with any crimes.
News outlets broke the story of the torture of Iraqi prisoners there in 2004, leaking photographs and video showing naked, hooded detainees posed in human pyramids, prisoners on leashes and widespread sexual assault. A military investigation ended with the courts-martial of low-level military personnel and the finding that CACI worked to “soften up” prisoners before their integrations.
The Iraqi sued under the Alien Tort Statute. This 1789 law allows noncitizens subjected to violations of international law to bring a case in U.S. federal court, including against a U.S. corporation, when there is a sufficient connection to the United States.
Since its filing in 2008, CACI has worked tooth and nail to dismiss the case over 20 times, including five appeals to the Fourth Circuit. CACI argued that the U.S. government is the more appropriate defendant.
“We are extremely disappointed in the verdict announced today,” a company spokesperson said in a statement. “For nearly two decades, CACI has been wrongly subjected to long-term, negative affiliation with the unfortunate and reckless actions of a group of military police at Abu Ghraib prison from 2003 through 2004. The individuals liable for the egregious behavior were court-martialed and punished for the crimes that occurred well over a decade ago.”
The Iraqis counter that even though CACI was working with the U.S. military, the corporation still exercised control over its employees and could hire, fire, discipline and supervise them. A jury in an earlier trial last April could not reach a unanimous decision, prompting a retrial.
“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,” Center for Constitutional Rights legal director Baher Azmy said in a statement.
The jury heard grim testimony from the plaintiffs outlining the abuse. Al Shimari claimed CACI and its co-conspirators threatened him with dogs, deprived him of food and subjected him to electric shocks. Zuba’e testified that the detainers beat his genitals with a stick and held him in a solitary cell in conditions of sensory deprivation for almost a full year.
Taha Yaseen Arraq Rashid, a dismissed plaintiff, said CACI and its co-conspirators placed him in stressful positions for extended periods, shot him in the head with a taser gun and beat him to the point of broken limbs and vision loss. Rashid also said his torturers subjected him to a sexual assault by a woman and forced him to watch the rape of a female prisoner.
The U.S. invaded Iraq in 2003 after then-President George W. Bush falsely declared that leader Saddam Hussein was preparing weapons of mass destruction. U.S. troops quickly began imprisoning Iraqi civilians.
The jury awarded each plaintiff $3 million in compensatory damages and $11 million in punitive damages.
“With today’s verdict, private military and security contractors are put on notice that they can and will be held accountable when they breach the most fundamental international law protections — like the prohibition against torture — and fail to comply with their contractual and regulatory obligations to ensure their employees follow the law,” Katherine Gallagher, a senior staff attorney at the Center for Constitutional Rights, said in a statement.
CACI remains a top government contractor, recently accepting $226 million in October to provide expertise to the U.S. Southern Command Operations. A CACI spokesperson said they plan on appealing the verdict.
“To be clear: no CACI employee has ever been charged — criminally, civilly, or administratively — in this matter,” a company spokesperson said. “Employees did not take part in nor were any of our employees responsible for these disturbing events. Our view remains that there is no evidence of a conspiracy to abuse detainees, and we will continue to pursue justice by appealing this verdict. At CACI, we care deeply about this nation, its security and its prosperity.”
