After 20 years... Iraqi detainees are suing the US army

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[size=52]After 20 years... Iraqi detainees are suing the US army[/size]

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04-12-2024
The Indian newspaper “India Today” reported that three survivors of the Iraqi Abu Ghraib prison will take their case before an American court, making it the first time that survivors of the prison will be able to present the case of their torture before an American jury.[/size]
[size=45]The report, translated by Shafaq News Agency, indicated that the trial will begin next Monday in the US Criminal Court in the Alexandria region, coinciding with the twentieth anniversary of the publication of the first photos of the prisoners who were subjected to violations while the American soldiers who were guarding them in Abu Ghraib prison smiled, a scandal that sparked Shock around the world.
The Three Survivors
The report continued that three of the survivors of Abu Ghraib will finally get the opportunity to present their case before an American court against the security company contracting with the Americans, which they consider responsible for their mistreatment.[/size]
[size=45]The report quoted lawyer Baher Azmy, from the Center for Constitutional Rights, who represents the plaintiffs, as saying that the trial, the first of its kind, will begin on Monday in Alexandria.[/size]
[size=45]The report pointed out that the American company "CACA", the defendant in the case, was responsible for hiring the investigators who worked in Abu Ghraib prison, but the contracting company, which is based in Virginia, denies committing any violations, and has confirmed for many years None of its employees committed any abuse against the people filing the lawsuit against it.[/size]
[size=45]But the report said that the plaintiffs are trying to assert the company's responsibility because it was the one that determined the circumstances that led to their torture, citing evidence in government investigations indicating that the company's contractors issued instructions to the military police to "soften" the detainees while they were subjected to interrogation.[/size]
[size=45]The report pointed out that retired American General Antonio Taguba, who led the investigation into the Abu Ghraib scandal, testified before the court, noting that the investigation led by Taguba concluded that at least one investigator from the company’s employees should be held accountable because he had instructed the military police to set conditions that amounted to Physical assault.[/size]
[size=45]Sexual assaults[/size]
[size=45]However, the report said that there is no dispute that Abu Ghraib’s violations were horrific, noting that the photos published in 2004 showed naked prisoners stacked on top of each other like pyramids, while other photos showed an American soldier smiling while raising his thumb near a corpse, or detainees. They are threatened with dogs, or their heads are covered and tied with electrical wires.[/size]
[size=45]While the report said that the plaintiffs cannot be clearly identified in any of these photos, they explain the nature of the violations they were subjected to.[/size]
[size=45]The report quoted Suhail Al-Shammari, describing cases of sexual assault and beating during the two months he spent in prison, and also being subjected to electric shock, in addition to being dragged around the prison with a rope tied around his neck.[/size]
[size=45]As for Salah Al-Ajili, a former correspondent for Al Jazeera, he talks about being subjected to stressful situations that caused him to vomit a black liquid, in addition to being deprived of sleep, forced to wear women’s underwear, and threatened with dogs.[/size]
[size=45]Condemnation of the US Army[/size]
[size=45]However, the report conveyed the position of the American company, which considers that the US Army is the party that bears responsibility for determining the conditions in Abu Ghraib and that its employees were not in a position to give orders to the soldiers.[/size]
[size=45]According to court papers, the company says that “the entire case is nothing more than an attempt to impose liability on it because its employees worked in a prison in a war zone in an unpleasant climate.”[/size]
[size=45]The company also expresses that according to the law, there is no guilt due to the connection with Abu Ghraib prison.[/size]
[size=45]The report stated that this case has been moving between the courts since 2008, while the company tried about 20 times to have it dismissed out of court, but in 2021 the US Supreme Court rejected the company’s appeal efforts, and returned the case to be heard before a local court.[/size]
[size=45]The report indicated that according to one of the appeal arguments presented by the company, it considered that the United States enjoys sovereign immunity against accusations of torture, and that the company, therefore, enjoys immunity considering that it is a contractor that carries out the government’s bids.[/size]
[size=45]The American government is without immunity[/size]
[size=45]But US Judge Leonie Brinkema, in a ruling that is the first of its kind, decided that the US government cannot claim immunity when the situation relates to allegations of violation of international standards, such as the torture of prisoners, and therefore the contracting company cannot, as a result, claim any immunity.[/size]
[size=45]The report stated that the American government may take the initiative to present a strong card during the trial, which is expected to last for two weeks, as the prosecution and the American company had previously said that their cases were being hampered by the government’s assurances that some evidence, if published publicly, would expose secrets. of the state, which will cause harm to national security.[/size]
[size=45]Of the three plaintiffs, Al-Ajili, who now lives in Sweden, is expected to testify in person, while the other two will testify remotely from Iraq. In a session held on April 5, Judge Brinkema pointed out that the three plaintiffs were detained for periods ranging from two months to a year without any charges being brought against them.[/size]
[size=45]“Even if they were terrorists, that does not justify the behavior alleged here,” she said.[/size]
[size=45]Translated by Shafaq News Agency[/size]
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