Former Abu Ghraib detainees awarded $64 million in damages over abuses at Iraqi prison

WARNING: This story contains details that some readers may find distressing.

A United States jury has awarded $US42 million ($64.36 million) to three former detainees of Iraq’s notorious Abu Ghraib prison, holding a US-based military contractor responsible for contributing to their torture and mistreatment two decades ago.

The decision from the eight-person jury on Tuesday came after a different jury earlier this year couldn’t agree on whether CACI, headquartered in Reston, Virginia, should be held liable for the work of its civilian interrogators who worked alongside the US Army at Abu Ghraib in 2003 and 2004.

The jury awarded plaintiffs Suhail Al Shimari, Salah Al-Ejaili and Asa’ad Al-Zubae $3 million each in compensatory damages and $11 million each in punitive damages.

The three testified that they were subjected to beatings, sexual abuse, forced nudity and other cruel treatment at the prison.

They did not allege that CACI’s interrogators explicitly inflicted the abuse themselves, but argued CACI was complicit because its interrogators conspired with military police to “soften up” detainees for questioning with harsh treatment.

CACI issued a statement expressing its disappointment in the verdict and its intention to appeal.

“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 company said. 

“To be clear: no CACI employee has ever been charged — criminally, civilly, or administratively — in this matter. CACI employees did not take part in nor were any of our employees responsible for these disturbing events.”

Baher Azmy, a lawyer for the Center for Constitutional Rights which filed the lawsuit on the plaintiffs’ behalf, called the verdict “an important measure of justice and accountability” and praised the three plaintiffs for their resilience.

Mr Azmy said the $42 million fully matched the amount sought by the plaintiffs. It is also more than the $31 million the plaintiffs said CACI was paid to supply interrogators to Abu Ghraib.

Landmark verdict

“Today is a big day for me and for justice,” said Al-Ejaili, a journalist, in a written statement. 

“I’ve waited a long time for this day. 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 practising different forms of torture and abuse.”

Al-Ejaili travelled to the US for both trials to testify in person. The other two plaintiffs testified by video from Iraq.

The trial and subsequent retrial were the first time a US jury heard claims brought by Abu Ghraib survivors in the 20 years since photos of detainee mistreatment — accompanied by smiling US soldiers inflicting the abuse — shocked the world during the American occupation of Iraq.

None of the three plaintiffs were in any of the notorious photos shown in news reports around the world, but they described treatment very similar to what was depicted.

Al Shimari described sexual assaults and beatings during his two months at the prison. He also said he was electrically shocked and dragged around the prison by a rope tied around his neck. 

Al-Ejaili said he was subjected to stress positions that caused him to vomit black liquid, deprived of sleep, forced to wear women’s underwear and threatened with dogs.

CACI had argued it was not complicit in the detainees’ abuse. 

It said its employees had minimal interaction with the three plaintiffs in the case, and CACI questioned parts of the plaintiffs’ stories, saying that military records contradict some of their claims and suggesting they shaded their stories to support a case against the contractor. Fundamentally, however, CACI argued any liability for their mistreatment belonged to the US government.

As in the first trial, the jury struggled to decide whether CACI or the army should be held responsible for any misconduct by CACI interrogators. The jury asked questions in its deliberations in both cases about whether the contractor or the army bore liability.

In the first trial, which ended with a mistrial and hung jury, multiple jurors told The Associated Press a majority wanted to hold CACI liable.

CACI, as one of its defences, argued it should not be liable for any misdeeds by its employees if they were under the control and direction of the army, under a legal principle known as the “borrowed servants” doctrine.

Decades overdue

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

Lawyers for the plaintiffs argued that CACI was responsible for its own employees’ misdeeds. They said provisions in CACI’s contract with the army, as well as the Army Field Manual, make clear that CACI is responsible for overseeing its own workers.

They also argued CACI was liable for their mistreatment even if they couldn’t prove their interrogators were the ones who directly inflicted the abuse.

Evidence included reports from two retired army generals, who documented the abuse and concluded that multiple CACI interrogators were complicit.

Those reports concluded that one of the interrogators, Steven Stefanowicz, lied to investigators about his conduct and that he likely instructed soldiers to mistreat detainees and used dogs to intimidate detainees during interrogations.

Mr Stefanowicz testified for CACI at trial through a recorded video deposition and denied mistreating detainees.

CACI introduced a different report that concluded contractors like itself did a “satisfactory” job of complying with military procedures.

AP

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