Historic Abu Ghraib verdict a stark reminder that no one is above the law

In a landmark decision that underscores the enduring strength of American democracy and its commitment to justice, a federal jury in Virginia has held CACI Premier Technology, Inc. accountable for its role in the torture of detainees at Iraq's Abu Ghraib prison.

The jury found that the defence contractor shared responsibility with the US Army for the abuse, and awarded $42 million in damages to three Iraqi citizens—a goat herder, a middle school principal, and a journalist—who were detained at Abu Ghraib in 2003.

This verdict, delivered on November 12, 2024, marks a pivotal moment in the nation's journey toward upholding human rights and the rule of law.

The men endured egregious mistreatment that amounted to torture, a dark chapter in the Iraq War that tarnished the United States' global standing.

What happened

During the war, CACI had deployed interrogators to Iraq under a multimillion-dollar contract with the US government.

Testimonies from US Army generals during the trial revealed that these interrogators set conditions conducive to abuse, directing military police to "soften up" detainees for questioning.

The three plaintiffs were Salah Al-Ejaili, a journalist; Asa'ad Al-Zuba'e, a grocery store owner; and Suhail Al Shimari, an Iraqi middle-school principal. They bravely testified about their time in Abu Ghraib, about being restrained in stressful positions, stripped naked and threatened with dogs.

While several military personnel were court-martialed and imprisoned for their actions, CACI's employees had, until now, evaded accountability.

As a civil rights attorney, this case has always been about more than the pursuit of legal justice. When I first met these three men after they were released, I promised them something that transcended the law: I promised them there is a better side of the US.

My belief in the values of our country, and the American justice system was so strong that it allowed me to persevere and overcome all of the obstacles that we faced.

I believed then, as I do now, that my country values human beings equally, serves as a model for respect and dignity, and shines as a beacon of justice for all.

That promise of justice kept us going for over 20 years, through every obstacle, delay, and attempt by CACI to deflect blame. It was not just our clients' faith in us, but our unwavering belief in American ideals that carried this case forward.

No one above the law

This week, the US lived up to that promise. The jury awarded $42 million in damages to the plaintiffs, recognising the profound suffering they endured and affirming that no entity is above the law.

This outcome was achieved through the Alien Tort Statute, a provision that allows foreign nationals to seek remedies in US courts for violations of international law. The statute reflects the US's dedication to promoting goodwill and holding perpetrators of human rights abuses accountable.

It is important to note that this verdict will never fully compensate for what these three men have suffered or have gone through. But it still serves as great medicine towards recovery and helping them to obtain peace within.

There is still work to be done in the case to preserve the verdict, and to help the clients recover.

However, through this verdict, it is the hope that more resources and attention will be provided towards countless other victims who were subjected to torture or cruel, inhumane, and degrading treatment in the Abu Gharib prison.

Test of faith

Throughout the prolonged legal battle, CACI employed tactics to delay justice, demean our clients, and deflect responsibility onto the US Army.

But the jury saw through this. They saw the truth. And in their verdict, they sent a powerful message to the world: the US values human dignity and is committed to justice, regardless of the passage of time or the status of the accused

This verdict not only brings some type of closure to the victims but also serves as a testament to the resilience of American democracy. It demonstrates that the nation is willing to confront its past transgressions and strive toward a future where justice prevails.

By holding CACI accountable, the United States reaffirms its commitment to human rights and the rule of law, illuminating a path forward from one of its darkest chapters.

For over two decades, this case has been a test of faith—in our clients' pursuit of justice, in the legal system, and in the ideals that define this nation.

Not the exception

Last week, the US showed her virtues. She has demonstrated that it is never too late to right the wrongs of the past, to honour the promise of justice, and to uphold the principles upon which this country was founded.

The verdict also sent a strong message as a deterrent to discourage others from engaging in crimes against humanity abroad.

There’s still much work to be done as CACI has indicated it will appeal. However, at least, for now a jury of Americans have spoken and expressed their opinion which is the best form of American justice.

This historic verdict is not just a victory for three brave Iraqi men. It is a victory for the America I believe in—a country that strives to be a model of respect, dignity, and justice for all.

This verdict could not have been obtained without the extraordinary effort of our legal team of attorneys including Baher Azmy and Katherine Gallagher from the Center for Constitutional Rights, alongside Muhammad U. Faridi and his colleagues from Patterson Belknap Webb & Tyler LLP, and Charles Molster.

Their collective expertise and commitment were instrumental in securing justice for the victims, exemplifying the profound impact of cohesive legal teamwork. I also would like to give special thanks to Attorney Mohammed Alomari who helped build the bridge for us between Americans and Iraqi people so we could earn their trust to help us prosecute this case.