US court reinstates lawsuit against military contractor CACI over Abu Ghraib torture claims

Torture room, Peter Nijenhuis

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Article
21 October 2016

Al Shimari, et al. v. CACI

Author: US Court of Appeals for the Fourth Circuit

[full text of the opinion]

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Article
21 October 2016

Appeals Court Revives Lawsuit by Abu Ghraib Inmates

Author: Matthew Barakat, Associated Press

A federal appeals court on Friday reinstated a lawsuit filed by four former inmates of Iraq's Abu Ghraib prison, who say they were tortured by civilian military contractors...

...The 4th U.S. Circuit Court of Appeals in Richmond ruled unanimously that any unlawful acts committed by contractors could be subject to judicial scrutiny, even if they were doing so under the direct control of the military...

...The inmates say they were tortured during interrogations led by civilian contractors from Arlington-based CACI Premier Technology, Inc.

CACI has long denied wrongdoing. On Friday, the company said in a statement: "We'll proceed with our expectation unchanged: exoneration for CACI. Nothing in today's decision changes our view of the ultimate outcome."

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Article
21 October 2016

Appellate Court Reinstates Abu Ghraib Torture Lawsuit Against Private Military Contractor

Author: Center for Constitutional Rights

...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...

...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.”...

 

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