June 30, 2014, Richmond, VA – Today, the Fourth Circuit Court of Appeals ruled that victims of torture and abuse in Abu Ghraib prison could pursue legal claims for their abuse against private military contractors. The appeals court ruling overturned a lower court decision that had barred the survivors from suing U.S. corporations involved in the torture in U.S. courts. U.S. military investigators had determined in 2004 that private U.S.-based contractor CACI Premier Technology, Inc. (CACI) had participated in torture and other “sadistic, blatant, and wanton criminal abuses” of detainees at Abu Ghraib, yet a district judge ruled that the 2013 Supreme Court decision in Kiobel v. Shell/Royal Dutch Petroleum foreclosed claims arising out of Iraq. Today’s decision, by contrast, recognized that CACI could be held liable in U.S. courts under the Alien Tort Statute (ATS) for its role in the torture. The case, Al Shimari v. CACI International Inc., was filed by the Center for Constitutional Rights (CCR) on behalf of four Iraqi men who were tortured at Abu Ghraib.
Kiobel recognized a “presumption against extraterritorial application” of the ATS, but explicitly held that the presumption could be displaced in cases that “touch and concern” the United States “with sufficient force.” At Abu Ghraib, the men were subjected to electric shocks, sexual violence, forced nudity, broken bones, and deprivation of oxygen, food, and water. U.S. military investigators concluded that several CACI employees serving as interrogators directed abuse of Abu Ghraib employees in order to “soften” them up for interrogations. The court of appeals found that human rights abuses committed by a U.S. corporation at a U.S.-controlled prison in a conspiracy with U.S. soldiers, does “touch and concern” the United States sufficiently to permit the claims to proceed.
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