Abu Ghraib torture survivors win US civil case, $42m damages

Defence contractor CACI, whose labor worked astatine Abu Ghraib, is ordered to salary damages aft 15 years of ineligible delays.

A United States defence contractor must salary $42m to 3 Iraqi men who were tortured astatine Abu Ghraib prison, a US national assemblage has ruled.

The ruling connected Tuesday ends a 15-year ineligible battle complete nan domiciled of Virginia-based contractor CACI, whose civilian labor worked astatine nan facility, successful acts of torture that took spot there.

In holding nan patient liable, nan assemblage awarded plaintiffs Suhail Al Shimari, Salah Al-Ejaili and Asa’ad Al-Zubae $3m each successful compensatory damages and $11m each successful punitive damages.

The determination comes aft a separate national trial successful May ended successful a hung jury.

‘Big time for justice’

Al Shimari, a mediate schoolhouse principal, Al-Ejaili, a journalist, and Al-Zuba’e, a consequence vendor, testified that they were subjected to beatings, intersexual abuse, forced nudity and different sadistic curen astatine Abu Ghraib.

While they did not allege that CACI’s interrogators explicitly inflicted nan maltreatment themselves, they based on that CACI was complicit because its interrogators conspired pinch subject constabulary to “soften up” detainees for questioning pinch harsh treatment.

The grounds included reports from 2 retired US Army generals, who documented nan maltreatment and concluded that aggregate CACI interrogators were complicit successful nan abuse.

Most of nan maltreatment took spot astatine nan extremity of 2003, erstwhile CACI labor were moving successful nan prison, according to nan suit.

Baher Azmy, a lawyer for nan Center for Constitutional Rights, which revenge nan suit connected nan plaintiffs’ behalf, called nan verdict “an important measurement of justness and accountability” and praised nan 3 plaintiffs for their resilience, “especially successful nan look of each nan obstacles CACI threw their way”.

The $42m afloat matches nan magnitude sought by nan plaintiffs, Azmy said.

“Today is simply a large time for maine and for justice,” said Al-Ejaili, who travelled to nan US to attest successful person. “I’ve waited a agelong clip for this day. This triumph isn’t only for nan 3 plaintiffs successful this lawsuit against a corporation. This triumph is simply a sparkling ray for everyone who has been oppressed and a beardown informing to immoderate institution aliases contractor practising different forms of torture and abuse.”

The suit was first revenge successful 2008 but was delayed by 15 years of ineligible wrangling and aggregate attempts by CACI to person nan lawsuit dismissed.

‘Private contractors will beryllium held accountable’

The proceedings and consequent retrial were nan first clip a US assemblage heard claims brought by Abu Ghraib survivors successful nan 20 years since photos of detainee mistreatment — accompanied by smiling US soldiers inflicting nan maltreatment — shocked nan world during nan US business of Iraq.

None of nan 3 plaintiffs were successful immoderate of nan notorious photos shown successful news reports astir nan world, but they described curen very akin to what was depicted.

To date, nan US authorities has not compensated immoderate victims of torture and maltreatment from Abu Ghraib, according to Human Rights Watch (HRW).

Al Shimari described intersexual assaults and beatings during his 2 months astatine nan prison. He besides said he was electrically shocked and dragged astir nan situation by a statement tied astir his neck. Al-Ejaili said he was subjected to accent positions that caused him to vomit achromatic liquid. He was besides deprived of sleep, forced to deterioration women’s underwear and threatened pinch dogs.

CACI had based on it wasn’t complicit successful nan detainees’ abuse. It said its labor had minimal relationship pinch nan 3 plaintiffs successful nan case, and CACI questioned parts of nan plaintiffs’ stories, saying that subject records contradict immoderate of their claims.

CACI based on that immoderate liability for their mistreatment belonged to nan US government. It brought up a ineligible rule known arsenic “borrowed servants” doctrine to contend it shouldn’t beryllium liable for immoderate misdeeds by its labor if they were nether nan power and guidance of nan US Army.

Lawyers for nan plaintiffs based on that CACI was responsible for its ain employees’ misdeeds. They said provisions successful CACI’s statement pinch nan US Army, arsenic good arsenic nan Army Field Manual, make clear that CACI is responsible for overseeing its ain workers.

Welcoming nan verdict, lawyer Katherine Gallagher of nan Center for Constitutional Rights said: “Private subject and information contractors are put connected announcement that they tin and will beryllium held accountable erstwhile they breach nan astir basal world rule protections – for illustration nan prohibition against torture”.

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Al Jazeera and news agencies