Appellate Court Reinstates Abu Ghraib Torture Lawsuit Against Private Military Contractor

RICHMOND, Va. - Today, a panel of the Fourth Circuit Court of Appeals reinstated a lawsuit against private military contractor CACI Premier Technology, Inc. (CACI) for the corporation’s role in torture and other inhumane treatment at the infamous Abu Ghraib prison in Iraq. A lower court had dismissed the case, ruling that CACI’s responsibility for its established role in the torture was a “political question” to be left to the discretion of the political branches and unreviewable by the courts, and that a “cloud of ambiguity” surrounds the definition of torture. This was the fourth time the case has been before the court of appeals.

“There is no question that torture is unlawful under domestic, military, and international law. The only issue in this case is whether CACI will be held accountable – or treated with impunity – for its role in torture at Abu Ghraib,” said Center for Constitutional Rights Legal Director Baher Azmy. “Today’s decision reaffirms the role of the courts to assess illegality, including torture, and we are optimistic this case will finally move forward and our clients will have their day in court.”

In its ruling today, the Court firmly rejected CACI’s argument that its conduct was beyond the reach of the courts. As the concurring judge emphasized, “It is beyond the power of even the President to declare [torture] lawful…. The determination of specific violations of law is constitutionally committed to the courts, even if that law touches military affairs.” The court concluded, “the military cannot lawfully exercise its authority by directing a contractor to engage in unlawful activity.”

CCR lawyers say the lower court’s ruling was essentially a return to the widely discredited Bush-era legal theories of Torture Memo author John Yoo. Constitutional scholars, military officers, and human rights groups submitted briefs in support of reinstating the lawsuit.

Salah Hassan, one of the plaintiffs in the long-running case, reacted to the news: "Today, part of justice was achieved and this is something wonderful, not only for me and the other plaintiffs, but for all the just causes in the world. I wish to see in the coming period a ruling in our favor in this case. No doubt the result will be a white light in the process of justice in the world at the time."...

http://www.commondreams.org/newswire/2016/10/21/appellate-court-reinstates-abu-ghraib-torture-lawsuit-against-private-military