Abu Ghraib torture survivors win US civil lawsuit, $42m damages | The Iraq war: 20 years in the news

A US defense contractor must pay $42m to three Iraqi men who were tortured at Abu Ghraib prison, a US federal judge has ruled.

Tuesday’s ruling ends a 15-year legal battle over the role of a Virginia-based contractor, CACI, and its non-bonded workers who work at the facility, in abuses that occurred there.

In holding the company liable, the judge awarded plaintiffs Suhail Al Shimari, Salah Al-Ejaili and Asa’ad Al-Zubae $3m each in compensatory damages and $11m each in punitive damages.

The decision comes after a separate trial was held in May in a suspended court.

‘The great day of justice’

Al Shimari, a middle school principal, Al-Ejaili, a journalist, and Al-Zuba’e, a fruit seller, testified that they were beaten, sexually assaulted, forcibly stripped, and other cruel treatment at Abu Ghraib.

Although they did not suspect that the CACI investigators were abusing themselves, they said that the CACI was involved because its investigators met with the military police to “soften” the detainees so that they could be subjected to harsh interrogation.

Evidence included reports from two retired US Army generals, who documented the abuse and concluded that many CACI investigators were complicit in the abuse.

Most of the abuse occurred in late 2003, when CACI staff were working at the prison, according to the lawsuit.

Baher Azmy, a lawyer for the Center for Constitutional Rights, which filed the case on behalf of the plaintiffs, called the decision “an important measure of justice and accountability” and praised the three plaintiffs for their perseverance, “especially in front of everyone.” obstacles that CACI has thrown in their way”.

$42m is fully in line with the amount sought by the plaintiffs, Azmy said.

“Today is a big day for me and for the judiciary,” said Al-Ejaili, who traveled to the US to testify in person. “I have been waiting for this day for a long time. This victory is not only for the three plaintiffs in this case against the organization. This victory is a bright light for everyone who has been oppressed and is a strong warning to any company or contractor that engages in various forms of harassment and abuse.”

The case was first filed in 2008 but was delayed by 15 years of legal wrangling and multiple attempts by CACI to have the case dismissed.

‘Private contractors will be held accountable’

The trial and retrial was the first time a US judge heard claims brought by Abu Ghraib survivors in the 20 years since images of the ill-treatment of detainees – complete with smiling US soldiers torturing them – shocked the world during the US invasion of Iraq.

None of the three plaintiffs were ever in any of the infamous photos shown in news reports around the world, but they described treatment very similar to that shown.

To date, the US government has not compensated any victims of abuse and torture from Abu Ghraib, according to Human Rights Watch (HRW).

Al Shimari described being sexually abused and beaten during her two months in prison. He also said that he was electrocuted and dragged to prison with a rope tied around his neck. Al-Ejaili said he was under pressure which caused him to vomit black liquid. He was also deprived of sleep, forced to wear women’s underwear and threatened with dogs.

CACI has argued that it has nothing to do with the torture of detainees. It said its staff had little contact with the three plaintiffs in the case, and CACI questioned parts of the plaintiffs’ stories, saying military records contradicted some of their claims.

CACI argued that any liability for their mistreatment rested with the US government. It introduced a legal principle known as “borrowed servants” to argue that it should not be responsible for any wrongdoing of its employees if they are under the control and direction of the US Army.

The plaintiffs’ lawyers argued that CACI was responsible for the mistakes of its employees. They said the provisions of CACI’s contract with the US Army, as well as the Army Field Manual, make it clear that CACI is responsible for supervising its personnel.

Welcoming the decision, lawyer Katherine Gallagher of the Center for Constitutional Rights said: “Independent military and security contractors are recognized as capable and will be held accountable if they violate the most important protections of international law – such as the prohibition of torture”.