US military contractor CACI to be retried over allegations of torture in Iraq prison – JURIST

A U.S. federal judge on Friday ordered a new trial in a case involving allegations that Virginia-based military company CACI Premier Technology, Inc. (CACI) contributed to the abuse and torture of Iraqi prison detainees from Abu Ghraib twenty years ago.

Judge Léonie Brinkema granted the plaintiffs' motion for a new trial and denied CACI's motion for judgment on a question of law. The ruling follows a civil trial earlier this year in which an eight-person jury was unable to reach a unanimous verdict, which is required in federal civil cases.

The case against CACI comes against the backdrop of the 2003 US invasion of Iraq, which led to the creation of US prisons in Iraq, where the US hired companies like CACI to provide prison services. interrogation at key detention sites such as Abu Ghraib.

The lawsuit was filed in 2008 under the Alien Tort Statute, which allows foreign citizens to sue in U.S. federal courts for serious violations of international law. The complainants, Suhail Al Shimari, Asa'ad Zuba'e and Salah Al-Ejaili, were detained in the Abu Ghraib “hard site” area, where harsh interrogation techniques were allegedly used. The plaintiffs allege that CACI is responsible for conspiracy to commit torture and war crimes.

CACI argued that the plaintiffs had their day in court and that the evidence did not support a verdict against CACI. The contractor argued that his defense was hampered by the government's assertion of state secrets privilege, which prevented the presentation of certain classified evidence. Additionally, CACI said it should not be held responsible for the actions of its employees if they were under the control of the military, consistent with the “borrowed servants” doctrine. The contractor asserted that it should not be held responsible for conduct performed in Iraq under a U.S. contract, even if that conduct was found to be illegal.

These arguments are part of an ongoing effort of more than 20 attempts by CACI to dismiss the case since its initial filing. The case was appealed to the United States Court of Appeals for the Fourth Circuit five times, and when those attempts failed, CACI sought review from the Supreme Court, which was denied. Although the Supreme Court has narrowed the scope of the Alien Tort Statute since the case was filed, Justice Brinkema ruled in 2018 that the plaintiffs had sufficiently substantiated their allegations, allowing the case to proceed to trial. This decision was reaffirmed after the Supreme Court's Nestlé ruling, which allows for action against companies under the Alien Tort Statute if there is a direct connection between the alleged violations and the company's conduct. company in the United States.

The case against CACI is one of several lawsuits against private military contractors accused of detainee abuse, including those against Titan Corporation (later known as L-3 Services) and CACI for their role in alleged abuses at Abu Ghraib, as well as against Blackwater. for incidents like the Nisour Square massacre in Baghdad. Many of these cases have faced similar legal challenges, particularly dismissals based on national security concerns and the complexities of applying U.S. law to actions taken in war zones.

Despite these difficulties, the CACI case has survived multiple attempts to dismiss the case. The plaintiffs argued that a new trial was warranted unless CACI could conclusively prove that no reasonable jury would find it liable.