A federal jury in Virginia made a seminal decision by ruling against defense contractor CACI International Inc, awarding nine million dollars each in compensatory and punitive damages to three former prisoners of Abu Ghraib. The case emerges 20 years after the infamous abuse incidents at the Iraqi prison became public through disturbing photographic evidence. This verdict is significant as it marks the first U.S. jury to assess claims from survivors of the abuses during the U.S. occupation of Iraq.
The plaintiffs — Suhail Al Shimari, Salah Al-Ejaili, and Asa’ad Al-Zubae — testified they suffered from beatings, sexual abuse, forced nudity, and other inhumane treatment while detained. They argued that CACI, whose civilian interrogators were present at the prison, were indirectly complicit as they allegedly collaborated with the military police in harsh detainee treatment to make interrogations more effective.
CACI, headquartered in Arlington, Virginia, defended its employees staunchly, insisting on their non-involvement in direct abuse. The company stated that no charges have ever been brought against their employees in relation to these claims. It also raised the “borrowed servants” defense, arguing that any actions taken by its personnel under military command should not render the company liable.
The core of the trial centered on whether accountability for the mistreatment could be directed at CACI or whether it rested solely with the U.S. army. The jury’s decision came after considerable deliberations, which included querying about liability distribution between the contractor and the military.
This latest verdict follows a lengthy judicial process initiated in 2008, and plagued by extensive legal maneuvers and multiple dismissal attempts by CACI. The plaintiffs’ lawyers sustained that CACI was liable despite not being directly responsible for inflicting the abuse. Supporting testimonies from two retired army generals documented complicity among multiple CACI interrogators.
One notable piece of evidence presented during the proceedings was about Steven Stefanowicz, a CACI interrogator. Reports concluded that Stefanowicz likely instructed soldiers to abuse detainees and employed intimidation tactics such as using dogs during interrogations. Although Stefanowicz, through a recorded video deposition, denied these allegations, the jury found the documented evidence persuasive enough to hold the company accountable.
The case, represented by the Centre for Constitutional Rights, was seen as a stride towards justice and accountability for the abuses suffered by the plaintiffs. Baher Azmy, the lawyer from the center, lauded the plaintiffs’ persistence in pursuing justice amidst challenging legal obstacles posed by the defense.
The repercussions of this verdict could be expansive, signaling heightened accountability for private contractors working in military settings, especially in roles connected to national security and detainee management.
This verdict does indeed mark a rare instance where a private contractor has been held liable for overseas military-related activities, potentially setting a precedent for similar future cases.
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