A federal jury in Virginia was unable to reach a verdict in a lawsuit filed by three Iraqi men who claimed they were tortured while held by the U.S. at Abu Ghraib prison. The jury deliberated for almost eight days before the judge declared a mistrial due to a deadlock. The plaintiffs alleged that employees of the defense contractor CACI Premier Technology directed U.S. military guards to abuse them to “soften” them up. The mistrial allows the lawsuit, filed in 2008, to continue if the plaintiffs seek another trial.
The plaintiffs were represented by the Center for Constitutional Rights and Patterson Belknap Webb & Tyler. Despite the mistrial, their legal team plans to pursue a retrial. CACI’s general counsel, J. William Koegel Jr., did not provide a comment. CACI had sought to dismiss the case over the past decade, challenging the viability of the claims. The company argued for immunity under the Alien Tort Statute, which allows foreign citizens to seek damages in federal court for international law violations. However, the judge ruled that the case against CACI could proceed.
During five days of testimony, the jury heard the plaintiffs describe their treatment at Abu Ghraib. They recounted instances of being shackled naked, forced to crawl with a bag over their head, and threatened with rape and death. Two retired Army generals who had investigated Abu Ghraib also testified, with one finding that a CACI interrogator made false statements and knew that his instructions led to physical abuse by U.S. military police. The trial occurred 20 years after the Abu Ghraib abuses were exposed, with photos depicting detainee mistreatment.
The public revelation of the Abu Ghraib abuses followed the release of photos showing military police engaging in misconduct. Senior Bush administration officials had authorized brutal interrogation techniques after the 9/11 attacks, although the military downplayed the abuses as the actions of a few individuals. Only a small number of enlisted soldiers were convicted in courts-martial and sentenced to military prison. CACI International, the defendant in this case, has denied any wrongdoing, and none of the most incriminating images from the Abu Ghraib scandal implicate CACI contractors in misconduct.
The mistrial allows the plaintiffs to seek another trial to continue pursuing their claims against CACI. The case against the company has faced legal challenges over the years, but the judge’s ruling allowed it to proceed to trial with the involvement of the three Iraqi men who alleged torture at Abu Ghraib. The mistrial underscores the complexity and contentious nature of the lawsuit, as the jurors were unable to reach a unanimous verdict despite lengthy deliberations. The outcome of this case will likely have implications for future litigation against defense contractors involved in alleged human rights abuses.
