Outsourcing torture and rape. "Civilian-17" in the Fay-Jones and Taguba Report

[chill_wind]

has a name and I've found more about him in this article from 2006. I don't know what his present legal status is today.

The Unaccountables

From the September print issue -- Forget the soldiers: The 25,000 civilian contractors in Iraq are an occupying army unto themselves. Some may have engaged in torture -- and, by evident design, they can't be prosecuted for their crimes.

Tara McKelvey | September 7, 2006

(see introduction and full article for full context )

In a January 18, 2004, statement in the Taguba report, detainee Kasim Mehaddi Hilas said he saw Nakhla sexually assault an Iraqi boy. Nakhla was “fucking a kid,” said Hilas. “His age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard the screaming I climbed the door because on top it wasn't covered and I saw Abu Hamid who was wearing the military uniform, putting his dick in the little kid's ass … And the female soldier was taking pictures.”

Tabuga said he found the accounts “credible based on the clarity of their statements and supporting evidence provided by other witnesses.” He names Nakhla as a suspect in detainee abuse. But so far Nakhla has not been charged with any crime.

In July 2004, a U.S. Army Criminal Investigation Command (CID) memo, released under the Freedom of Information Act, said Nakhla could be charged with aggravated sexual abuse. If he had been prosecuted, he could have been tried in a criminal court under the Military Extraterritorial Jurisdiction Act -- most likely in the Eastern District of Virginia, where his case has apparently been investigated by the U.S. Attorney's office. But the investigation seems to be at a standstill.

A May Legal Times article by Jason McLure says the allegations against Nakhla have not stood up to scrutiny by the Department of Justice, and that prosecutors haven't been able to gather reliable evidence against him. The article cites one, unnamed government lawyer. It's not clear -- at least to two other attorneys who are familiar with Justice Department procedures -- whether the evidence against Nakhla is not panning out or whether the case is just not being aggressively pursued. Nakhla, his lawyer, and a spokeswoman in the U.S. Attorney's office all refused to comment.

Meanwhile, civil claims against Nakhla were dismissed in June because he doesn't live in the District of Columbia, where the case is being heard. Burke has asked Judge Robertson to reconsider his ruling on Nakhla, but even getting the case heard will be difficult. Robertson has dismissed many of the claims against Titan and CACI, including allegations that they were involved in a racketeering scheme. He has, however, allowed some claims against the contractors, including sexual assault and battery, to remain and has agreed to let the case go forward in a limited manner.

* * *

These days, Nakhla drives to work in a battered Toyota with a cross hanging from the rear-view window. On a May afternoon, he ambled through the shopping mall during a break from work and picked up a pizza. Nakhla has not had to answer questions from prosecutors about what he did -- or didn't do -- on the night shift at Abu Ghraib. As it looks now, he may never have to explain what happened. “It's certainly fair to say he hasn't been brought to justice,” says attorney Burke. “For him, it's over.”

http://www.prospect.org/cs/articles?articleId=11951

And here's an updated piece in 2008:

Abu Ghraib: The Outsourcing of Torture

By Tom Burghardt

Global Research, July 6, 2008
Antifascist Calling...

Will "outsourced" torture chickens finally come home to roost in American courts?

On June 30, the Center for Constitutional Rights (CCR), Burke O'Neil LLC, of Philadelphia and Akeel & Valentine, PLC, of Troy, Michigan filed a series of lawsuits in federal district courts in Maryland, Ohio, Michigan and Washington state against über-contractors CACI International, Inc., CACI Premier Technology and L-3 Services Inc., a division of L-3 Communications Corporation.

Monday's announcement by CCR follow close on the heels of a similar suit filed in May in federal district court in Los Angeles by Iraqi torture victim Emad al-Janabi, also against CACI International, Inc. and L-3 Communications. Named as a codefendant in the al-Janabi case is CACI interrogator, Steven Stefanowicz aka "Big Steve." Al-Janabi's attorneys claim that Stefanowicz directed some of the torture tactics deployed against their client, according to the Associated Press.

Al-Janabi told investigators that his "outsourced" interrogators punched him, slammed him into walls, hung him from a bed frame and kept him naked and handcuffed in "stress positions" in a filthy cell beginning in September 2003. Interviewed by The Associated Press in Istanbul, al-Janabi said:

"They (U.S. troops) did not tell me what was the reason behind my arrest ... during the interrogation, the American soldier told me I was a terrorist ... and I was preparing for an attack against the U.S. forces." (Greg Risling, "Iraqi Alleges Abu Ghraib Torture, Sues U.S. Contractor," The Associated Press, May 5, 2008)

Al-Janabi denied the allegations and told the Associated Press he was forced to give a false confession after "savage" intimidation by interrogators.

The latest suits, filed on behalf of four Iraqi civilians "wrongly imprisoned, tortured and later released without charge" from the notorious Abu Ghraib prison and torture center according to CCR, were filed in four separate jurisdictions in which the individual contractor defendants reside. Alleged torture practitioners named in the suit include "Adel Nakhla, of Montgomery Village, Md., Timothy Dugan, of Pataskala, Ohio, and Daniel E. Johnson, of Seattle, Wash." The plaintiffs are:

(see article)

http://www.globalresearch.ca/PrintArticle.php?articleId=9512

frm 2004:

New Abuse Report Shields Identities

By Leon Worden
Signal City Editor

Thursday, August 26, 2004

*MEDIA—MANDATORY CREDIT: The Signal newspaper of Santa Clarita, Calif.

Three civilian translators were named in a new report on military intelligence breaches at Abu Ghraib prison — although "named" isn't quite the right word.

All names were excised from the 177-page executive summary to the report on prisoner abuse, released Wednesday.

The three Titan translators are identified only as "Civilian-10," "Civilian-16" and "Civilian-17."

Civilian-10, a man, was exonerated.

"Civilian-10 is cleared of any wrongdoing and should retain his security clearance," the report said.

Civilian-16 is a woman. She is accused of failing to report abuses and threats she witnessed. The report recommends that the Army general counsel consider turning over her case to the Justice Department for prosecution.

The third Titan translator, Civilian-17, "actively participated in detainee abuse," the report states, and is also recommended for possible criminal charges.

In addition to being "present during the abuse of detainees depicted in photographs," Civilian-17 was accused of hitting one prisoner and cutting his ear, while another prisoner said someone fitting Civilian-17's description "raped a young detainee."

more: http://www.scvhistory.com/scvhistory/signal/iraq/sg082604.htm

The referenced Fay-Jones Report (pdf)

About the Report (Slate, 2004):

What's being investigated: Detainee abuse at Abu Ghraib prison.

Inquiry conducted by Army Major Gen. George Fay and Lieut. Gen. Anthony Jones.

What has been released: A 177-page report completed in August 2004.

Sources: Four additional Army investigations, including those by Maj. Gen. Antonio Taguba and Lt. Gen. Paul Mikolashek, then the Army inspector general, as well as 170 interviews with military personnel.

Findings : Fifty-four military personnel and civilian contractors were in some way responsible for or complicit in the abuses at Abu Ghraib, including 27 from the 205th Military Intelligence Brigade who encouraged military police to abuse prisoners, abused prisoners themselves, or violated laws and rules of interrogation. Seven low-ranking soldiers were criminally prosecuted. The report attributes the abuse at Bagram to the failure of leaders of the 205th and the 800th Military Intelligence Brigades to supervise or properly discipline their soldiers. It cites a proliferation of interrogation guidelines, but blames the layers of guidelines only for relatively mild forms of mistreatment. The authors cite the commander Sanchez and his deputy Wojdakowskilater cleared by the Green investigationfor failing to ensure proper oversight and for issuing "inconsistent" and "confusing" guidelines.

Context: In contrast to the Green investigation, the Fay-Jones Report tracks the breakdown at Abu Ghraib to the top commanders. But no disciplinary action is recommended for Sanchez or his deputies.


http://www.slate.com/features/whatistorture/MilitaryReports.html

[Solly Mack]

1. K&R

[chill_wind]

2. Here is the most recent status I find (March 2009): Al-Quraishi et al v. Nakhla et al.

Synopsis

Al-Quraishi v. Nakhla is a federal lawsuit against US-based private contractor L-3 Services, Inc. (formerly Titan Corporation) and Adel Nakhla, a former employee of Titan/L-3 Services. Brought on behalf of 72 Iraqi plaintiffs, it brings claims of torture, war crimes and other serious abuse against both L-3 Services and Nakhla for their participation in a conspiracy to torture detainees as prisons in Iraq, including at the notorious Abu Ghraib prison.


Status

Both defendants have filed motions to transfer the case from Maryland to the Eastern District of Virgina and motions to dismiss the case. A hearing for these pending motions will be held on Monday, March 9, 2009 beginning at 11:30 am in Courtroom 4C before Judge Peter J. Messitte.

The suit, brought under the Alien Tort Statute (ATS) and federal question jurisdiction, charges defendants with violations of U.S. and international law including torture; cruel, inhuman, or degrading treatment; war crimes; assault and battery; sexual assault and battery; intentional infliction of emotional distress; negligent hiring and supervision; and negligent infliction of emotional distress. There are also civil conspiracy and aiding and abetting counts attached to most of these charges. Through this action, Plaintiffs seek compensatory and punitive damages.

Among the heinous acts to which the 72 Plaintiffs were subjected at the hands of the defendants and certain government co-conspirators were: rape and threats of rape and other forms of sexual assault; electric shocks; repeated beatings, including beatings with chains, boots and other objects; prolonged hanging from limbs; forced nudity; hooding; isolated detention; being urinated on and otherwise humiliated; and being prevented from praying and otherwise abiding by their religious practices.


more at CCR:

http://ccrjustice.org/ourcases/current-cases/al-quraishi-et-al-v.-nakhla-et-al.

[Solly Mack]

3. kick

[chill_wind]

4. Thnx Solly Mack. I keep finding more fragments (June 2008):

Mr. Nakhla was employed by L-3, then Titan Corp., as a translator in
Iraq from June 2003 to May 2004, and also was known at Abu Ghraib as "Abu
Hamid." According to the Al-Quraishi lawsuit, he was photographed
participating in the torture of prisoners at Abu Ghraib, he confessed his
involvement in acts of torture and abuse to military investigators, and he
was observed by Mr. Al-Quraishi forcibly holding down a minor while a
co-conspirator raped the minor with an object.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/06-30-2008/0004841451&EDATE=

So he was not only accused of raping a minor, but accused of helping a co-conspirator in same kinds of acts.


And it sounds like at least one of the other related CCR cases against contractors can now move ahead. this is from March 2009:

March 19, 2009 -- Updated 2115 GMT (0515 HKT)
Lawsuit on alleged Abu Ghraib prisoner abuse can move ahead

By Bill Mears
CNN


WASHINGTON (CNN) -- A lawsuit alleging that civilian American interrogators subjected Iraqis to torture and severe mistreatment at the notorious Abu Ghraib prison in Baghdad can move forward, a federal judge ruled Thursday.

U.S. District Court Judge Gerald Bruce Lee rejected claims by defense contractor CACI that the company was immune from accountability over claims of physical abuse, war crimes and civil conspiracy.

Reports of torture and humiliation by soldiers and civilian contractors against Iraqi detainees created a political, diplomatic and public relations nightmare for the Bush administration in the months and years after the 2003 Iraq invasion.

Four Iraqi detainees have sued in U.S. federal courts, alleging contract interrogators assigned to the Baghdad Central Prison -- known as Abu Ghraib -- subjected them to beatings and mental abuse, then destroyed documents and video evidence and later misled officials about what was happening inside the facility.

Eleven U.S. soldiers who also worked at the prison were court-martialed under the Uniform Code of Military Justice for prisoner abuse, and several implicated company workers in similar crimes. No contractors have yet faced criminal charges in the wake of the scandal, however.

more: http://edition.cnn.com/2009/US/03/19/abu.ghraib/

[Solly Mack]

8. It's a very important part of the story

We really need a complete time-line, from the second Bush entered office until now, detailing each and every step of everything that has taken place.

It's needs to be all gathered into one document. (more like several volumes)

And we need prosecutions - especially prosecutions that reflect & expose the lies that have been told. (few bad apples, the entire invasion /occupation of Iraq, etc..)

Who did what when - who was held accountable - who hasn't been (especially who hasn't been)

[chill_wind]

5. More on CACI & Titan. Warning-- graphic descriptions of torture

One of hundreds of references on CACI & L-3/Titan at CorpWatch

http://www.googlesyndicatedsearch.com/u/corpwatch?q=titan&is=corpwatch.org&x=0&y=0
http://www.googlesyndicatedsearch.com/u/corpwatch?hl=en&ie=ISO-8859-1&q=CACI&btnG=Search

IRAQ: Corporate Torture in Iraq

by
Ali Eteraz, Counter Punch
October 11th, 2006

In 2003, Haider Muhsin Saleh, was living in Dearborn Michigan. A former opponent of Saddam Hussein, he had once been imprisoned and tortured by Saddam's secret police in the Abu Ghraib prison in Iraq. Upon being released he had fled to Sweden and become a Swedish citizen. When the Hussein regime fell, Mr. Saleh heeded the United States' call for expatriates to return to and rebuild Iraq. He did so with his own funds. Upon his arrival in September of 2003 he was detained and sent to the same Abu Ghraib prison where he had been previously tortured by Saddam Hussein. Instead of getting a chance to rebuild his country he became prisoner #151138 and was subjected to "interrogation."

Mr. Saleh's genitals were roped to those of other prisoners; his penis stretched with a rope and beaten with a stick; his own semen poured on his head; his naked body poured cold water upon it in the dead of winter; his naked body shocked with an electric stick; his neck wrapped with a belt which allowed him to be dragged; his head beaten with a pistol and slammed against a wall; his anus probed; his body urinated upon. Yet this "interrogation" was different than the others. It was conducted not by soldiers but average American citizens, serving as contractors with major American corporations, CACI and Titan.

In discussions about the corporate beneficiaries of the War in Iraq, prominent companies like Halliburton are discussed often. What remains under-reported and under-appreciated is the fact that this war has afforded a vast collection of corporations to reap the benefits of lucrative government contracts. A number of such companies are involved in supervising, maintaining, and providing support for the numerous prisons in Iraq in the areas of interrogation, interpretation, and translation.

In 2004, a major Philadelphia law firm, the Center For Constitutional Rights, the University of Pennsylvania, the University of Chicago School of Law, and a handful of volunteers a group of lawyers in the United States brought a civil suit on behalf of Mr. Saleh and the hundreds of others Iraqi prisoners abused and tortured by American contractors working for CACI and Titan. The thirty one count complaint accused CACI and Titan of a whole host of common law torts (such as assault and battery), as well as violations of international human rights, and a RICO (Racketeer Influenced & Corrupt Organizations ACT) conspiracy. The essential theory of the case was that CACI and Titan had a financial motive to increase the amount of interrogation they conducted. The longer the "interrogations" went the more they got paid. By 2004, Titan was earning 96% of its revenue from government contracts.

The 67 page complaint contains detailed descriptions of the torture suffered by some of the other named plaintiffs. One Haj Ali was hung from a ceiling while made and shocked with electric pulses. Umer Abdul Mutalib was dragged until he went unconscious. Jasim al-Nidawi's private parts were attacked by dogs. Other detainees were stripped naked and put in a room with a naked female detainee who had a mesh bag on her face and was screaming. The complaint also alleges that one of the private contractors raped a fourteen year old girl, and provides evidence that there may have been a rape room set up in the prison. It is important to recognize that all of these events were carried out by employees of American companies who were not part of the military. Significant amount of the information upon which the complaint was based came from the military's own Fay and Taguba reports. Without those reports it is unlikely that the world would have known about the abuses committed by American private contractors.

full article: http://www.corpwatch.org/article.php?id=14161

[ConsAreLiars]

6. Rec'd. There are far too many who want to dwell in the happy happy land of Denial

and mumble "well I doubt that" or shout "NahNahNah - 'we' would never do that" with their fingers in their ears and their eyes shut tight. Any with a faint knowledge of the history of how the Corporate Masters have asserted their might around this planet for decades would know this is standard practice. Hire the most depraved mercenaries, either directly under CIA etc control or subcontracted, and try to terrorize all who resist into submission.

[chill_wind]

7. Thank you for the rec. I'd like to think if sites like CorpWatch

could get their stories like the above along with pictures on the front pages of every major daily-- above the fold-- every day until no more Americans could run and hide from the grotesque truth, we'd be out of Iraq by now.

But we don't have a Free Independant Press. Haven't had one for decades. Corporate MegaMasters control that, too.

[chill_wind]

9. kick