Abu Ghraib torture: US military contractor faces historic trial
As a US jury considers a historic civil case implicating a military contractor for the infamous Abu Ghraib prison abuse, the plaintiffs have been accused of suing the wrong party, according to Arab News and agencies on April 23.
“If you believe they were abused…tell them to make their claim against the US government,” said John O’Connor, the defence attorney for the military contractor CACI.
“Why didn’t they sue the people who actively abused them?” he added.
For the first time, a US jury is addressing claims of abuse brought forward by three former detainees of Abu Ghraib prison in Iraq, the site of a scandal that captured global attention 20 years ago.
This scandal unfolded when disturbing photos surfaced, showing US soldiers subjecting detainees to degrading and abusive treatment in the aftermath of the US invasion of Iraq.
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The plaintiffs’ lawyers allege that Virginia-based contractor CACI supplied civilian interrogators to “soften up” detainees in collaboration with the military police.
The three plaintiffs detailed humiliating treatment including physical abuse, sexual assault, while also forced to dress in women’s underwear – and even threatened with dogs.
CACI has stated the Army controlled its employees as interrogators in its concluding arguments.
The legal principle of “borrowed servant doctrine” stipulates that an employer is not liable for employees’ conduct if they are controlled by another company.
The claimants’ lawyers disputed this, arguing that CACI still maintained a degree of control of its employees in their legal obligation to supervise them when posted in Abu Ghraib.
Muhammad Faridi contested CACI’s defence, noting that collaboration between CACI employees and military police renders the contractor liable, even if the interrogators supplied by CACI never personally inflicted abuse on detainees.
Two retired generals who investigated the Abu Ghraib atrocities in 2004 gave evidence accusing CACI interrogators of engaging in misconduct.
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“When our country’s military found out about the abuse, they didn’t cover it up,” Faridi said, adding that, “CACI escaped liability.”
CACI interrogator Dan Johnson was pictured interrogating a detainee in May 2004, who investigators concluded was in an illegal stress position.
Yet CACI continued to evade responsibility.
Though Johnson was fired, CACI argued the “photo depicts what appears to be a relatively relaxed scene”, saying “squatting is common and unremarkable among Iraqis.”
Yet during the trial, CACI passed off responsibility to the US army, with O’Conner arguing that Johnson’s photo represents only one photo of a CACI interrogator engaging in misconduct, compared to hundreds of other photos of abuse at Abu Ghraib.
The trial has taken 15 years to come to fruition following extensive legal disputes regarding if CACI could be held liable.
Most of the discussion centred around claims of immunity, with a longstanding presumption that the US government was immune from civil suits.
CACI contended this immunity extends to them, as a government contractor.
But in a ground-breaking decision, US District Judge Leonie Brinkema ruled that the US government cannot invoke immunity against cases breaching international norms – such as torture allegations.
The eight-person jury considered the case for three hours before pausing on April 22. The case is set to resume on April 24.
Arab News / Agencies
