ALEXANDRIA, Va. (CN) — A federal judge declared a mistrial Thursday afternoon in a civil case about whether a civilian contractor is liable for torture at the hands of U.S. military police in the Abu Ghraib prison during the Iraq War.
U.S. District Judge Leonie Brinkema made the call after the eight-person jury could not come to a unanimous decision about liability in the case. Deliberations lasted more than 40 hours over eight days.
The plaintiffs plan to pursue a retrial, their attorneys said.
Three Iraqis brought the Eastern District of Virginia lawsuit against CACI Premier Technology Inc. over its personnel's role in the notorious abuses at the prison. The contractor supplied military interrogators to the U.S. Army during the Iraq War. Some of those worked alongside military intelligence interrogators at Abu Ghraib.
Eleven U.S. soldiers were convicted and five others were disciplined for abusing prisoners at the facility in 2003 and 2004. The prisoners were subjected to physical abuse, sexual humiliation and other human rights violations, primarily led by military police who oversaw detainees.
Salah Al-Ejaili, one of the plaintiffs, said the victims of torture “spoke up so the world could hear from us directly.”
“This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history,” he said in a statement. “Every just person stands with us.”
Military police say they acted at the behest of military intelligence personnel, including civilian contractors like CACI, who directed them to “soften up” detainees for interrogations.
No institution, corporate entity or civilian contractor has faced legal penalties for the abuse at Abu Ghraib.
Throughout the trial, CACI contended that the military, not its employees nor the company, was responsible for setting and directing policy at Abu Ghraib.
During deliberations, jurors asked multiple questions indicating they were hung up on CACI’s defense: the borrowed servant doctrine, which protects employers from liability if another entity is controlling, directing and overseeing the employees’ work.
Baher Azmy, lead counsel for the plaintiffs, was disappointed in the jury’s inability to reach a verdict. He said the plaintiffs will continue to pursue justice.
“Their struggle and their bravery to take on and speak the truth against so many powerful forces aligned against them is a testament to the human capacity to fight against injustice committed against themselves and other marginalized communities,” he said in a statement. “We look forward to the opportunity to present our case again.”
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