Judge allows Abu Ghraib torture claims to go to trial
ALEXANDRIA, Va. (AP) — After 10
years of delay, a federal judge has ruled that three former inmates who say
they were tortured at Iraq's Abu Ghraib prison can go forward with their
lawsuit against a military contractor.
Arlington-based CACI Premier
Technology asked the judge Wednesday to dismiss the lawsuit. The company, which
supplied the Army with civilian interrogators, argued that the government's
refusal to declassify key facts is making it impossible to defend itself.
U.S. District Judge Leonie Brinkema
acknowledged CACI's frustration but said the lawsuit can move forward even
though the government says certain facts like the identities of the
interrogators are state secrets that can't be declassified.
The case is now slated to go to
trial in April. While other pretrial matters remain unresolved, Brinkema told
both sides that "you should expect if you don't settle this case, it'll go
to trial."
The lawsuit, first filed in 2008,
has previously been tossed out on multiple occasions, but each time the 4th
U.S. Circuit of Appeals in Richmond has revived the case and ordered the
district court to take a closer look. Brinkema said she has interpreted her
mandate from the 4th Circuit as one that generally requires her to get the case
in front of a jury.
The judge did say, though, that she
expects to toss one of the four Iraqi plaintiffs from the case because his
allegations of abuse largely occurred before CACI interrogators arrived in Iraq
in late September 2003.
The inmates say they were beaten and
tortured by military police officers who were acting at the direction of
civilian interrogators who wanted the inmates "softened up" for
questioning.
Some of the inmates who filed the
lawsuit, with assistance from the New York-based Center for Constitutional
Rights, say they suffered abuse mirroring some of the most well-documented
incidents that shocked the world's conscience when photos from Abu Ghraib were
publicized 15 years ago, including being stacked into naked human pyramids.
CACI says none of its interrogators
are linked to the abuse suffered by the inmates who are suing. CACI's lawyers
have expressed concern that they will be unfairly tarnished in front of the
jury by the worst of what occurred at Abu Ghraib when they say it was military
police who conducted the worst abuse.
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