First of its kind to make it to trial, lawsuit delivers rare accountability for U.S post-9/11 torture

November 12, 2024, Alexandria, VA – Today, in a landmark verdict, a jury in a federal court found a Virginia-based government contractor liable for its role in the torture of Iraqi men at Abu Ghraib prison in 2003-2004 and ordered it to pay each of the three plaintiffs $3 million in compensatory damages and $11 million in punitive damages, for a total of $42 million. The ruling stems from a lawsuit filed in 2008 against CACI Premier Technology, Inc., on behalf of three men who endured the sorts of torture and abuse made infamous by leaked images that horrified the world twenty years ago. The jury in an earlier trial last April was unable to reach a unanimous decision; today’s verdict comes from a retrial with a new jury.

The jury found CACI liable for conspiring to torture and cruel, inhuman, and degrading treatment of Suhail Al Shimari, a middle school principal, Asa’ad Zuba’e, a fruit vendor, and Salah Al-Ejaili, a journalist. The men were all held at the “hard site,” the part of the prison where the most severe abuses occurred. Along with hundreds of other Iraqis tortured at Abu Ghraib, they have suffered long-standing physical and emotional effects.  

“Today is a big day for me and for justice,” said Mr. Al-Ejaili. “I’ve waited a long time for this day. This victory isn’t only for the three plaintiffs in this case against a corporation. This victory is a shinning light for everyone who has been oppressed and a strong warning to any company or contractor practicing different forms of torture and abuse. Those companies should no longer feel exempt from accountability moving forward. I offer my thanks to my legal team and everyone who helped us during the long journey to this moment.”

The first case of its kind to make it to trial, Al Shimari, et al. v. CACI delivers a rare measure of justice to survivors of the U.S. government’s post-9/11 torture regime, which extended from Guantanamo to Iraq and Afghanistan to secret prisons around the world. It also brings a new degree of accountability to the shadowy realm of security contractors at a time when employees of private companies, integral to the U.S. “war on terror,” have often been implicated in human rights abuses across the globe.  

The plaintiffs brought their case under the Alien Tort Statute, a 1789 federal law that allows foreign nationals to seek redress in U.S. courts for certain violations of international law. This historic outcome follows 16 years of litigation, more than 20 attempts by CACI to have the case dismissed, and a previous trial in which the jury was unable to reach a verdict. Never before this case had survivors of U.S post-9/11 torture testified in a U.S. courtroom. It also featured testimony from U.S. generals, CACI employees, and former MPs involved in the torture. 

Baher Azmy, legal director of the Center for Constitutional Rights, said, “Our clients have fought bravely for 16 years in search of justice for the horrors they endured at Abu Ghraib, against all of the challenges this massive private military contractor threw in their way over the years to avoid basic accountability for its role in this shameful episode in American history. We are awed by our clients’ courage and by the power of their testimony in court, and we are grateful that this jury knew enough to credit their story over the deflections of CACI. We thank the jury for affording our clients the measure of justice they came to a United States court to seek.” 

After it invaded Iraq in 2003, the U.S. government hired CACI to provide interrogation services at Abu Ghraib. In April 2004, news outlets broke the story of the torture of Iraqi prisoners there, releasing photographs and video showing naked, hooded detainees posed in human pyramids, prisoners on leashes, and widespread sexual assault. In U.S. military reports, investigators concluded that CACI employees had conspired with U.S. soldiers to “soften up” imprisoned Iraqis, and low-level military personnel who worked under CACI employees’ instructions were court-martialed for their role in the torture. 

“With today’s verdict, private military and security contractors are put on notice that they can and will be held accountable when they breach the most fundamental international law protections – like the prohibition against torture – and fail to comply with their contractual and regulatory obligations to ensure their employees follow the law,” said Katherine Gallagher, a Senior Staff Attorney at the Center for Constitutional Rights. “For 20 years, CACI has refused to take responsibility for its role in torture at Abu Ghraib. The jury’s verdict makes clear CACI’s role in this shameful part of our history.”  

Plaintiffs’ pro bono co-counsel, Muhammad Faridi, a partner at the law firm of Patterson Belknap Webb and Tyler LLP, said, “We feel immense pride in representing these plaintiffs and have been proud to partner with the Center for Constitutional Rights in their mission to fight for human rights and equal justice. The jury’s verdict vindicates the rights of our clients and will provide some measure of justice for the horrific treatment they endured.” 

The plaintiffs are represented by the Center for Constitutional Rights and the law firms of Patterson Belknap Webb & Tyler LLP, and Akeel & Valentine, PLC.

For more information, see the Center for Constitutional Rights’ case page and trial resource page.