November, 06 2013, 03:39pm EDT
U.S. Courts Can Hear Cases of Torture at Abu Ghraib, Experts Argue
Retired Military Officers, UN Special Rapporteurs, Survivors of Human Rights Violations, Scholars Urge Court to Allow Abu Ghraib Contractor Case to Go Forward
Richmond, VA
Today, in a lawsuit brought by the Center for Constitutional Rights (CCR) and co-counsel on behalf of four Iraqi men who were tortured at Abu Ghraib, six amici parties urged the Fourth Circuit Court of Appeals to reinstate the case, which was dismissed by the district court in June. Plaintiffs in the case, Al Shimari v. CACI International Inc., brought claims including torture and war crimes under the Alien Tort Statute (ATS) against private contractor CACI Premier Technology, Inc. ("CACI"), which U.S. military investigators concluded participated in torture, the "sadistic, blatant, and wanton criminal abuses" of prisoners at Abu Ghraib. In dismissing the torture victims' claims, the district judge did not suggest that the plaintiffs' allegations were unfounded, but instead ruled that the recent Supreme Court decision in Kiobel v. Shell/Royal Dutch Petroleum barred lawsuits based on conduct that occurred outside the U.S.
"In Kiobel, the Supreme Court specifically held that U.S. courts could hear cases that 'touch and concern' the United States 'with sufficient force.' This case, where U.S. citizen-employees of a U.S. corporation are alleged to have conspired with U.S. soldiers, who were punished in U.S. court martials, to commit one of the most notorious and internationally-condemned episodes of torture in U.S. history, inside a U.S.-controlled prison, within a country occupied by the U.S, is just such a case" said CCR Legal Director Baher Azmy.
The six amicus briefs filed today were submitted by retired military officers; past United Nations Special Rapporteurs on Torture and current Rapporteur Juan Mendez; a group of human rights survivors who successfully sought redress in U.S. courts under the ATS, including Dolly Filartiga, plaintiff in the first modern use of the ATS to obtain accountability for human rights abuses; a group of civil procedure professors; international law and civil procedure scholars; and historians of international law. All argued that Al Shimari is not only permitted under Kiobel, but also that international law requires the U.S. to provide a forum for seeking accountability and redress for the abuses at Abu Ghraib.
Said Retired Rear Admiral John D. Hutson and Dean Emeritus University of New Hampshire School of Law, "This case raises important questions regarding the reputation of the United States as a country that values the rule of law. It is important for our courts to provide remedies for torture and war crimes committed by U.S. actors on U.S. controlled territory, especially if we wish to keep U.S. citizens safe when they operate abroad. This country should not tolerate prisons that are beyond the law."
Said Juan Mendez, U.N. Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, "States have an obligation to ensure that a remedy exists for victims of torture. There has been little meaningful accountability with respect to the notorious instances of torture and serious abuse at the U.S.-run Abu Ghraib prison against contractors. Allowing impunity to continue could undermine the anti-torture framework which I am charged to oversee, and to which the United States has committed itself on becoming a party to the Convention Against Torture."
Al Shimari is one in a series of cases brought by CCR and co-counsel seeking accountability for torture at Abu Ghraib; last October, Al-Quraishi v Nakhla and L-3 was voluntarily dismissed following settlement. Inside the prison, plaintiffs were subjected to electric shocks, sexual violence, forced nudity, and broken bones, and deprived of oxygen, food, and water. U.S. military investigators concluded that several CACI employees serving as interrogators directed abuse of Abu Ghraib prisoners in order to "soften" them up for interrogations.
Read today's filings here.
Plaintiffs' appeal brief was filed on October 29th. Co-counsel in the case are Shereef Akeel of Akeel & Valentine, P.C. in Troy, Michigan, Patterson Belknap Webb & Tyler LLP, and George Brent Mickum IV.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
'A Big, Big Deal': Chattanooga Volkswagen Workers Begin Voting in Key Union Election
"Looking back, you could see this being the first domino in something that changes the entire South," said one labor journalist.
Apr 17, 2024
Volkswagen workers in Chattanooga, Tennessee began voting Wednesday on whether to join the United Auto Workers, a closely watched election seen as a critical test for the emboldened union's ability to organize in the U.S. South.
The election kicked off a month after workers at the Chattanooga plant filed a petition with the National Labor Relations Board (NLRB) formally requesting an election to join the UAW, which secured record-breaking contracts at the Big Three U.S. automakers last year after a historic six-week strike.
Following the hard-fought contract victories, the UAW launched what's been described as the largest union organizing drive in modern U.S. history, targeting nonunion car manufacturers such as Tesla, Toyota, and Volkswagen.
The Chattanooga election marks the third time in a decade that the UAW has tried to organize the Volkswagen plant, which currently has around 4,300 workers. Voting concludes on Friday.
"This election is a big, big deal—probably the most important union election that this country has seen in years," labor journalist Hamilton Nolan said in a Democracy Now! appearance on Wednesday. "Looking back, you could see this being the first domino in something that changes the entire South."
About 4,000 Volkswagen workers in Tennessee are voting on whether to unionize with the United Auto Workers. Labor journalist @hamiltonnolan says it's the most important union vote in years and could be the "first domino" in a wider push to organize the auto industry in the South. pic.twitter.com/RWFnO5KznI
— Democracy Now! (@democracynow) April 17, 2024
Chattanooga workers voiced confidence that this election will be different than 2014 and 2019, when Volkswagen employees voted against joining the UAW by narrow margins.
"We're going to win," Lisa Elliott, a quality control worker at Volkswagen, toldThe Guardian's Steven Greenhouse. "We have the momentum. I know this will be a historic event."
In addition to the Chattanooga effort, the UAW is working to organize Mercedes-Benz workers in Vance, Alabama. Earlier this month, a supermajority of Mercedes workers in Vance submitted a petition to the NLRB requesting an election to join the UAW.
UAW's organizing efforts have drawn national attention—and ire from anti-union politicians, including the Republican governors of Tennessee, Alabama, Mississippi, and other states in the U.S. South.
Joseph McCartin, a labor historian at Georgetown University, told Greenhouse that "a victory at Volkswagen would make a victory at Mercedes much more likely."
"Victories at both Volkswagen and Mercedes would be nothing less than an earthquake," McCartin added. "This would be the biggest breakthrough in private-sector organizing in decades. It would mean that the anti-union citadel [in the South] that has repulsed effort after organizing effort has been breached."
University of California, Berkeley professor Harley Shaiken echoed that assessment in an interview with The New York Times.
"It would be a revolution for the UAW and for the auto industry," Shaiken said of a UAW win. "It would break the glass ceiling for unions in the South, and would mean more purchasing power for working-class people in that region."
Keep ReadingShow Less
Montanans Launch Push to Get Abortion Rights on November Ballot
"With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
Apr 17, 2024
As abortion continues to dominate this year's state and federal political contests, Montanans Securing Reproductive Rights on Tuesday launched a signature collection drive to get a citizen-initiated state constitutional amendment on the November ballot.
Since the right-wing U.S. Supreme Court reversedRoe v. Wade with Dobbs v. Jackson Women's Health Organization nearly two years ago, Republican state lawmakers have ramped up efforts to further restrict abortion care—and voters, including residents of red states, have responded by protecting reproductive freedom when weighing in on related ballot measures.
With little hope that the divided Congress will restore nationwide abortion rights, ballot initiatives for the 2024 cycle are ongoing in various states, from Arizona and Florida to Montana, where "a yes vote on Ballot Issue #14 will keep the government out of our personal lives," as the Montanans Securing Reproductive Rights website states.
"This is an exciting opportunity to secure our rights for generations to come. Now is the time to ensure power remains in the hands of the people of Montana, so everyone has the freedom to prevent, continue, or end a pregnancy should they choose," the site adds. "Politicians have no business controlling our bodies and our futures."
After a legal battle with Republican state Attorney General Austin Knudsen, the ballot language is:
CI-128 would amend the Montana Constitution to expressly provide a right to make and carry out decisions about one's own pregnancy, including the right to abortion. It would prohibit the government from denying or burdening the right to abortion before fetal viability. It would also prohibit the government from denying or burdening access to an abortion when a treating healthcare professional determines it is medically indicated to protect the pregnant patient's life or health. CI-128 prevents the government from penalizing patients, healthcare providers, or anyone who assists someone in exercising their right to make and carry out voluntary decisions about their pregnancy.
Montana currently allows abortion care up until fetal viability. In response to a legal challenge from Planned Parenthood of Montana (PPMT), a trial judge in February struck down three laws passed by the Republican-controlled state Legislature in 2021: a 20-week ban, restrictions on medication abortions, and a rule that providers must offer patients an ultrasound.
"We are relieved that Montanans will no longer live with the threat of these harmful restrictions taking effect. But make no mistake, our fight continues," PPMT president and CEO Martha Fuller said at the time. "For years anti-abortion politicians at all levels of government have made banning abortion their number one priority, despite the current protection held in our state constitution."
"During the 2023 Montana legislative session, an onslaught of anti-abortion bills was introduced, passed, and signed into law, and PPMT is working hard to beat back these attacks and more," Fuller continued. "We will never stop working to ensure that all Montanans and those who are forced to travel here for care can access the care they need."
In addition to Planned Parenthood, Montanans Securing Reproductive Rights is a campaign by the ACLU of Montana, the Fairness Project, and Forward Montana. The coalition now needs to collect 60,000 signatures by June 21.
"Anti-abortion extremists have tried to interfere in Montanans' personal healthcare choices again and again. That's totally unacceptable—Montanans deserve to make their own decisions about reproductive care, not have politicians decide for them," the Fairness Project executive director Kelly Hall said Tuesday.
"The Fairness Project is proud and excited to be supporting Montanans Securing Reproductive Rights in their campaign to pass CI-128, especially at a time when abortion rights are under attack," Hall added. "With 2024 shaping up to be the biggest year ever for abortion on the ballot, it is critical that Montanans can make their voices heard on this issue."
Keep ReadingShow Less
Spain Widens Push for EU Countries to Recognize Palestinian State
A majority of U.N. member states recognize Palestinian statehood, but the U.S. and most E.U. countries lag behind.
Apr 17, 2024
In his latest stop on a tour of several European countries aimed at gathering support for recognizing a Palestinian state, Spanish Prime Minister Pedro Sánchez joined his Slovenian counterpart on Tuesday in calling to make the diplomatic move to help secure an end to the Israeli-Palestinian conflict.
Palestine is already recognized as a state by the vast majority of United Nations members—139 out of 193 countries—and by a handful of European nations, but the European Union as a whole, the United States, and the United Kingdom are among those that have long refused to recognize statehood.
At a joint press conference with Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Al Jazeera reported Wednesday that Sánchez aims to formally recognize Palestinian statehood by July, even if he does not secure enough support from other E.U. countries.
"The time has come for the international community to once and for all recognize the state of Palestine," Sánchez said in November. "It is something that many E.U. countries believe we have to do jointly, but if this is not the case, Spain will adopt its own decision."
Sánchez has also met with leaders in Ireland, Malta, and Norway in recent weeks.
Jonas Gahr Støre, prime minister of Norway—which is not an E.U. member—said last week that his government "stands ready" to join "like-minded countries" in recognizing Palestinian statehood.
Irish Prime Minister Simon Harris said after meeting with Sánchez last Friday that formal recognition "is coming much closer and we would like to move together in doing so."
"The people of Palestine have long sought the dignity of their own country and sovereignty—a home that like Ireland and Spain can take its place amongst the nations of the Earth," Harris added.
Ireland's Green Party said Monday that the full recognition of Palestine by European countries would help to secure a cease-fire in Gaza, where Israel has killed at least 33,899 people since October and has so far starved more than two dozen children to death by blocking the vast majority of humanitarian aid for months.
Al Jazeerareported Wednesday that Belgium—which has called for economic sanctions on Israel over its bombardment of Gaza—is likely to join Spain's push after June, when the country no longer holds the E.U. presidency.
The push from Spain comes as the U.N. Security Council is scheduled to vote on whether to admit Palestine as a full member of the U.N., which the Spanish prime minister said would be supported by the governments he's met with.
Palestinian representatives announced earlier this month that they would revive their application for membership, which the U.S. has vetoed in previous votes.
"We are seeking admission. That is our natural and legal right," said Riyad Mansour, the Palestinian ambassador to the U.N. Palestine has held observer status in the U.N. since 2012.
The League of Arab States on Tuesday expressed its "unwavering support" of the Palestinians' new application.
"Membership in the United Nations is a crucial step in the right direction towards a just and lasting resolution of the Palestinian question in line with international law and relevant U.N. resolutions," said the group of 22 countries.
U.S. State Department spokesperson Matthew Miller told reporters this month that full U.N. membership for Palestine "should be done through direct negotiations through the parties," while Israeli U.N. ambassador Gilad Erdan said the fact that the application is being considered is "a victory for genocidal terror."
The Arab League urged U.N. members "not to obstruct this critical initiative."
Keep ReadingShow Less
Most Popular