One month shy of the tenth anniversary of the Abu Ghraib prison torture scandal, a U.S.-based human and civil rights organization has called for the re-opening of the case that first came to light when the U.S. mainstream media published photos depicting U.S. soldiers abusing detainees at the Iraq prison.
The Center for Constitutional Rights announced Tuesday that it was seeking to reopen the case against the private U.S. military contractor CACI Premier Technology, Inc., which was accused of encouraging the U.S. soldiers to prepare Abu Ghraib detainees for interrogation by humiliating and torturing them.
Most Americans are probably familiar with the forced nudity that occurred at the prison, as those photos were released in the media. But Abu Ghraib detainees were also subjected to other forms of torture such as electric shocks, sexual violence and broken bones, as well as oxygen, food and water deprivation.
After the photos and the widespread abuse at the prison became well-known, 11 U.S. soldiers were convicted in court martials between 2004 and 2006. CACI, however, escaped punishment, which is why CCR is now pushing for the Fourth Circuit Court of Appeals to reinstate state law claims against the company.
In June 2013, a federal judge dismissed the case against CACI, citing the Supreme Court’s decision in Kiobel v. Shell/Royal Dutch Petroleum. In that case, the Supreme Court ruled that because the British energy company committed rights violations in Nigeria and not the United States, the company could not be held accountable for its actions in the U.S.
Specifically, the district court judge from the Fourth Circuit Court reasoned that because the prison was in Iraq, a U.S. court can not legally listen to or fix any issues that occurred there. CCR insists that definition of the Kiobel decision is a narrow one, and that the Supreme Court noted in its decision that claims could go forward in cases where the U.S. had “sufficient force.”
Given that the U.S. government hired a U.S. contractor to operate a detention facility in a country occupied by the U.S. military, CCR says there is more than enough evidence proving there was “sufficient force.” This means the case should be allowed to be heard, and now CCR is trying to bring CACI back into the courtroom and obtain justice for at least four of the Abu Ghraib detainees.
Seeking justice
Although CCR recognizes that the charges related to the four Iraqi torture survivors’ claims were ultimately dismissed by the Fourth Circuit Court, the group points out that the judges did not dismiss the case because the victims’ allegations of torture and conspiracy involving CACI were unfounded. Instead, they dropped the charges because they believed the U.S. Justice System didn’t have the legal authority to hear cases on human rights abuses that occurred outside of the U.S. border.
“CACI indisputably played a key role in those atrocities, and it is time for them to be held accountable,” said Baher Azmy, legal director for CCR, in regards to CCR’s announcement.
He and other CCR attorneys say it’s important that this case be heard, since they believe U.S. soldiers were
directed by CACI interrogators to commit “sadistic, blatant, and wanton criminal abuses” of Abu Ghraib detainees in order to “soften” them up for the interrogators.
For example, 39-year-old Mohammed Abdwaihed Towfek Al-Taee, one of the four plaintiffs, was detained and subjected to horrific abuse for nine months before his May 2004 release, according to CCR. He was believed to have been turned over to the Americans in exchange for money.
Wissam Abdullateef Sa’eed Al-Quraishi, a 37-year-old married father of three, was hung on a pole for seven days at Abu Ghraib and subjected to beatings, mock executions and other forms of torture and humiliation.
Sa’adoon Ali Hameed Al-Ogaidi, a 36-year-old Arabic teacher, shopkeeper and father of four, was held for a year, caged, brutally abused at the prison, stripped and kept naked. He was also a “ghost” detainee whose presence at the facility was kept a secret from the International Committee of the Red Cross for some amount of time.
Suhail Najim Abdullah Al-Shimari, a farmer, was held for more than four years. He was caged, threatened with dogs and subjected to beatings and electrical shocks. He was also threatened with death and being sent to a “far away” place.
“U.S. courts must at last provide a remedy for the victims of torture at Abu Ghraib,” Azmy said. “The lower court’s ruling creates lawless spaces where corporations can commit torture and war crimes and then find safe haven in the United States. That’s a ruling that should not stand.”
MintPress attempted to contact CACI for a comment on CCR’s push to hold the company accountable for the human rights abuses that occurred in Iraq, but our requests for a statement or comment were not returned.
However, the company does have a section on its website dedicated to answering questions about its work in Iraq, including a message from CACI International Chairman Dr. J.P. London, which stresses, “No CACI employee or former employee has ever been indicted for any misconduct in connection with CACI’s work in Iraq.
“While three former employees have been cited in various reports in connection with disputed incidents in Iraq, no CACI employee took part or appears in any of the horrific photos released from Abu Ghraib.
“We remain proud of our work in Iraq and our other efforts to help in the war against terrorism. We believe that our nation owes a debt of gratitude to the hundreds of CACI employees who risked their lives to support the U.S. mission in Iraq. And we are eternally grateful to the men and women in uniform who sacrifice every day to protect our freedom,” London wrote.
The company has also issued press releases in recent years in which it explains that CACI is an “information technology company, not a private military or security contractor…At the request of the U.S. Army in 2003, CACI identified and hired qualified individuals to serve as intelligence analysts and interrogators in Iraq.”
It appears that the keyword for CACI is “indicted.” While there seems to be consensus among those in the U.S. Justice System that CACI was involved with the torture in some way, it’s not clear to what extent or how the company should be punished.
Taking on torture
In order to hold CACI accountable for its actions, Azmy and his fellow attorneys at CCR argue that the appeals court’s use of the Kiobel case was flawed and should not and does not apply to case like this.
CACI International is a U.S.-based corporation that was operating a U.S.-run prison at a time when Abu Ghraib and Iraq were occupied by the U.S., so it’s not really a foreign action, Azmy explained.
When CCR originally filed a lawsuit against CACI International and CACI Premier Technology in 2008 on behalf of four former detainees, the group did so because they believed that the torture was a violation of the Geneva Conventions, the Army Field Manual and the laws of the United States.
“Private military contractors and the individuals they employ cannot act with impunity. Contractors must act within the bounds of law and must be held accountable for their participation in the atrocities at Abu Ghraib and the other facilities in Iraq,” CCR attorney Katherine Gallagher said in 2008.
Whether the appeals court will decide to reopen the case or not should be decided within the next several months. If the court agrees to hear the case, it could contribute to efforts by CCR and other human rights groups to accurately chronicle the human rights abuses that occurred at the prison. If the court opts to not hear the case, the innocent people who were “senselessly tortured” by U.S. companies may never get the justice they deserve.
WARNING: GRAPHIC. Below are more photos depicting the torture of Abu Ghraib detainees. All of the photos are public domain as they were taken by U.S. government employees during the execution of their duties. MintPress included the photos as we feel it is important for the public to be aware of the reality of human rights abuses.