Ethermac Exchange-3 Iraqis tortured at Abu Ghraib win $42M judgement against defense contractor

Three former Abu Ghraib prisoners won a $42 million judgement Tuesday against an American defense contractor in connection with electrocutions,Ethermac Exchange beatings and other abuses the men allege they suffered at the infamous prison operated by U.S. military after the invasion of Iraq in 2003.

The jury awarded the sum to Salah Al-Ejaili, a journalist; Suhail Al Shimari, a middle school principal; and Asa’ad Zuba’e, a fruit vendor. The men had sued defense contractor CACI Premier Technology. Each was held at the Baghdad prison’s “hard site,” where CACI interrogators directed the men to be tortured, according to plaintiff filings in federal court. 

The verdict brings to a close a lengthy legal saga that dates back to 2008, when the lawsuit was filed in the Eastern District of Virginia. CACI will have to pay each man $3 million in compensatory damages and $11 million in punitive damages.

American prison handlers came under fire for abuses at the prison outside Baghdad after the U.S. took it over from the regime of Saddam Hussein. "The photographs and reports of abuse led to several military investigations into Abu Ghraib that documented widespread mistreatment of detainees. Leaked photos of the abuse show American guards beating handcuffed Iraqis, sexually abuse, and using attack dogs on prisoners.

A dozen military personnel were convicted of criminal charges for their involvement but Tuesday’s verdict marks the first time private contractors were found liable for torture at Abu Ghraib.

The end of the 16-year case comes as prosecutors aim to bring perhaps the most prominent case from the era — that of Khalid Sheikh Mohammed, the mastermind behind the 9/11 attacks — to a close as well. Mohammed and his conspirators could deliver guilty pleas in the case as soon as January, according to the Office of Military Commissions.

Al-Ejaili and attorneys from the Center for Constitutional Rights representing the Abu Ghraib trio celebrated the verdict with a news conference Tuesday afternoon.

“It is difficult to find the words I want to use right now,” said the journalist who was detained by U.S. forces while reporting a story for Al Jazeera. “But what I can say is we won a big victory. ... This is a big day even for America; finally we reached some justice for some of the Abu Ghraib detainees.”

All three men were eventually released from the notorious prison without being charged.

CACI vehemently denied involvement in any crimes at the infamous prison in a statement Tuesday afternoon. 

“For nearly two decades, CACI has been wrongly subjected to long-term, negative affiliation with the unfortunate and reckless actions of a group of military police,” a spokesperson said. “The individuals liable for the egregious behavior were court martialed and punished for the crimes that occurred well over a decade ago.”

CACI employees worked at Abu Ghraib as interrogators. The company says it plans to appeal the verdict. 

“To be clear: no CACI employee has ever been charged — criminally, civilly, or administratively — in this matter. CACI employees did not take part in nor were any of our employees responsible for these disturbing events,” the company said.

Electrocuted, beaten and other abuses

The three Iraqi men were all imprisoned in the fall of 2003 at the Abu Ghraib hard site, where they were “brutally tortured,” according to the federal lawsuit.

Zuba’e was imprisoned at the hard site for around a year. Jailers subjected the fruit vendor to all manner of abuse, the lawsuit says. They beat his genitals with a stick; he was stripped and kept naked; and he was imprisoned in solitary confinement for a year.

Al Shimari, the middle school teacher, was kept in a cage, according to the lawsuit. He was also electrocuted and threatened with dogs. Al-Ejaili suffered similar abuses.

Al-Ejaili was released in February 2004; Zuba’e in October 2004; and Al Shimari in March 2008. None were ever charged with a crime. 

The abuse they suffered is just a fraction of the horrific acts done to Iraqi civilian detainees. Major General Antonio Taguba’s 2004 investigation uncovered a litany of horrors, including widespread sexual assault, beatings and humiliation of detainees. 

CACI interrogators played a pivotal role in the abuse, according to the lawsuit.

“Evidence indisputably showed,” said Baher Azmy, legal director for the Center for Constitutional Rights, “that this private military contractor CACI was central to organizing, ordering, participating and perpetuating the torture and other forms of ill treatment at the hard site of the Abu Ghraib prison.”

Lawyer wins with centuries-old law: ‘America is shining today’

The law prosecutors used to bring the case on behalf of the three Iraqi men dates back to 1789 and was once used to prosecute pirates who kidnapped French ambassadors.

Attorney Shereef Akeel brought the unprecedented case under the Alien Tort Statute, a 1789 federal law that allows foreigners to seek justice in U.S. courts for various violations of international law. It was enacted to promote goodwill on behalf of America and remains on the books.

Akeel said the centuries-old law was instrumental to going after bad actors at Abu Ghraib who had thus far evaded prosecution. "The only ones who have gotten away with it were the contractors," he told the Detroit Free Press, part of the USA TODAY Network.

The case brings up some of America’s most horrific crimes in the country’s modern history. But Akeel said its resolution is an example of progress. 

"This is amazing. America is shining today," Akeel said shortly after the landmark verdict was announced. "The jury sent a message to the world: If you are working in America's name, the respect of humanity is universal, whether you are an American or a citizen of another country."

The verdict vindicated his belief in the ideology of America. "It’s a confirmation of what we are all about, and how good we can be," Akeel said, stressing: "The purpose of this case is to show that whether you were tortured in Iraq, the laws of America will reach and hold people accountable." 

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