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Friday, May 03, 2024

Abu Ghraib Trial: Jurors Hear Closing Arguments in Lawsuit Against Military Contractor CACI for Alleged Role in Detainee Abuse

Abu Ghraib Trial: Jurors Hear Closing Arguments in Lawsuit Against Military Contractor CACI for Alleged Role in Detainee Abuse

Three survivors of Abu Ghraib prison in Iraq are suing military contractor CACI in a civil trial in federal court in Alexandria, Virginia.
The plaintiffs allege they were abused at the prison.

However, CACI's defense attorney, John O'Connor, argued during closing arguments that the plaintiffs are suing the wrong people.

O'Connor suggested that the plaintiffs should instead sue the US government, as the alleged abusers were US soldiers.

The lawsuit marks the first time a US jury has considered claims of abuse at Abu Ghraib, which became notorious for widespread reports of mistreatment of detainees following the US invasion and occupation of Iraq in 2003.

A lawsuit accuses CACI, a civilian contractor, of contributing to the torture of detainees at Abu Ghraib through its interrogators who conspired with military police.

CACI argued that it couldn't be held liable due to the "borrowed servant doctrine," which states an employer isn't liable if another entity controls the employees' work.

However, the plaintiffs presented evidence that CACI's contract required it to supervise its own employees and that the Army Field Manual states only contractors can supervise their employees.

Muhammad Faridi, a lawyer for the plaintiffs, argued that CACI, a military contractor, could be held liable for detainee abuse even if its interrogators did not directly inflict the harm.

Three plaintiffs testified about brutal treatment, including beatings, sexual assaults, and threats with dogs.

They could not identify the abusers as CACI workers in some cases, as they had bags over their heads.

Two retired generals who investigated the Abu Ghraib scandal testified that CACI interrogators engaged in misconduct.

The text summarizes a statement made by an attorney, Faridi, during a trial.

He accused military contractor CACI of escaping accountability for soldiers under its employment who abused detainees at Abu Ghraib prison.

The military held individual soldiers responsible, but CACI continued to avoid liability.

In one instance, the Army asked CACI to dismiss an interrogator, Dan Johnson, after he was seen in an Abu Ghraib photo forcing a detainee into an awkward position.

CACI disputed the dismissal, arguing that the position was common among Iraqis and the photo depicted a "relatively relaxed scene." During the trial on Monday, Faridi, representing CACI employees, left it to the jury to decide if their testimony in defense of a CACI employee named Johnson was offensive.

Witnesses testified that Army personnel had asked them to defend Johnson through unofficial channels.

The only photo of abuse at Abu Ghraib featuring a CACI employee is of Johnson questioning an Iraqi policeman after someone had smuggled a gun into the prison and shot at military police.

Judge O'Connor apologized for the lengthy and tedious parts of the case but had to present long audio recordings due to the US government's claim that some evidence, including the identities of interrogators, was classified.

As a result, jurors were subjected to doctored voices and frequent interruptions from government lawyers.

A trial against military contractor CACI, accused of involvement in torture during the Iraq War, was delayed for over 15 years due to legal disputes and questions regarding immunity.

The US government had previously assumed sovereign immunity, but US District Judge Leonie Brinkema ruled that the government cannot claim immunity for fundamental violations of international norms.

Consequently, CACI could not claim derivative immunity.

The jury began deliberations but was unable to reach a verdict and will continue on Wednesday.
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