A judge in Virginia has ordered a retrial in a case involving allegations that a military contractor, CACI, contributed to the abuse and torture of detainees at Abu Ghraib prison in Iraq two decades ago. A previous civil trial ended with a hung jury and mistrial, with the judge ultimately deciding that a retrial is necessary. CACI had supplied civilian interrogators to the prison in 2003 and 2004, and the lawsuit alleged that these interrogators conspired with soldiers to abuse detainees.
It took 16 years of legal wrangling to bring the case to trial, and it was the first time a U.S. jury heard claims brought by Abu Ghraib survivors since the scandal broke during the U.S. occupation of Iraq. The trial itself lasted only a week, but the jury deliberated for eight days. CACI argued against a retrial, stating that the evidence presented at trial demonstrated that a jury could not reasonably return any verdict other than in their favor. However, the judge decided that the plaintiffs were within their rights to retry the case.
During the trial, the government’s use of the state secrets privilege caused difficulties for both the plaintiffs and CACI. The plaintiffs were represented by the Center for Constitutional Rights, who argued that they were entitled to a retrial and that CACI needed to show that no reasonable jury would hold it liable to preclude it. The jury in the previous trial had questions that indicated they were divided and unsure how to apply a legal principle known as the “borrowed servants” doctrine, which CACI used as a defense. The judge allowed the jury to consider this argument.
While it took 16 years to bring the first trial, the judge aims to have the retrial held this year. Both sides have indicated they are open to an October trial date. Many witnesses at the trial testified via recorded deposition, including soldiers who were convicted in courts-martial of abusing detainees at Abu Ghraib. Their testimony could be replayed for a new jury in the retrial. Ultimately, the case highlights the ongoing legal battles and accountability surrounding the abuse at Abu Ghraib and the involvement of civilian contractors in such situations.
