Said CCR Legal Director Baher Azmy, “Today’s court ruling affirms that U.S. corporations are not entitled to impunity for torture and war crimes and that holding U.S. entities accountable for human rights violations strengthens this country’s relationship to the international community and basic human rights principles.”

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.

 

“This is an important ruling not just for our clients, who have sought justice for over a decade; it affirms the vitality of human rights litigation even after the Supreme Court’s decision in Kiobel.” continued Azmy.

 

Read today’s ruling here.

 

The case is Al Shimari v. CACI International, Inc. 

 

Shereef Akeel & Valentine, P.C. in Troy, Michigan, Patterson Belknap Webb & Tyler LP, and George Brent Mickum IV are co-counsel.