On November 12th, a jury found CACI, a government contractor, liable for its role in the torture of 3 Iraqi men at Abu Ghraib prison in 2003-2004.
In March 2003, the United States unlawfully invaded Iraq under the false claim that Iraq had developed “weapons of mass destruction” to justify the full scale invasion. The subsequent consequences resulted in the complete political destabilisation of Iraq. The US subsequently began a mass round up of Iraqi civilians, detaining them in US controlled prisons in Iraq, many of which were never charged with any crime. Abu Ghraib was one of these notorious prisons.
In April 2004, images and videos leaked from the prison showing naked, hooded detainees posing in human pyramids, prisoners on leashes and widespread sexual assault. Subsequent military investigations led to the court martial of some US soldiers as well as the documentation of the role played in the torture by private military contractors from two corporations: Titan Corporation and CACI Premier Technology Inc.
The case concerns the inhuman torturous treatment of three of the Iraqi men held at the prison between 2003 and 2004. Within the prison there was an area known as the “hard site” which was where the most inhumane treatment occurred. While imprisoned the individuals suffered subjection to electric shocks, deprivation of food, water and oxygen, threatened by dogs, forced naked, severely beaten, prolonged sensory deprivation in solitary and being forcibly subjected to sexual acts and being forced to witness rape.
The case is a federal lawsuit brought on behalf of the three Iraqi torture victims against the US based government contractor CACI Premier Technology. The lawsuit alleged that CACI participated in a conspiracy to commit unlawful conduct including torture and war crimes at Abu Ghraib prison, where it was hired by the US to provide interrogation services.
The case was brought under the Alien Tort Statute (ATS) which allows non US citizens who have been subjected to well-established violations of international law, such as torture and cruel treatment, to bring a case in US federal court including against a US corporation where there is a sufficient connection to the United States.
CACI argued that they should not be liable for their conduct even if unlawful, performed in Iraq, while working under contract with the US. Several reports document the role of CACI in the abuse including the Army major general Taguba 2004 report that concluded “numerous incidents of sadistic, blatant and wanton criminal abuses being inflicted on several detainees”. The Fay/Jones military report cited at least three CACI employees for their abusive behaviour. Further evidence obtained through litigation such as emails, court marital records and testimony demonstrated the role of CACI contractors in the abuse as well as the attempts to cover it up.
After 20 years of litigation, including a mistrial earlier this year, where a jury could not reach an unanimous decision, on November 12th a jury found CACI liable in their role in the torture of the Iraqi men at Abu Ghraib prison and ordered CACI to pay each of the plaintiffs $3 million in compensatory damages and $11 million in punitive damages. The jury found CACI liable for conspiring to torture and cruel, inhumane and degrading treatment. This was the first lawsuit in over 20 years where victims of US torture and cruel treatment have had a trial in a US court room.
Speaking after the decision Mr Al-Ejali, one of the plaintiffs said “the victory isn’t only for the plaintiffs, it 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. These companies should no longer feel exempt from accountability moving forward”.