US District Court Judge Gerald Bruce Lee has thrown out the lawsuit brought by four Iraqi torture victims against CACI International, the company that tortured them, saying the US courts lacked jurisdiction over the matter.
The four detainees were tortured by CACI employees at the notorious Abu Ghraib, while the company was working for the US government. Despite this, Lee insisted that previous court rulings saying foreign violations must “touch and concern” the US were not sufficient to allow the case to continue.
Lee went on to reject the notion of lawsuits based on things that happened during the US occupation of Iraq in general, saying that there was “inconclusive” evidence to conclude that the US had “de facto sovereignty.”
CACI cheered the ruling, saying they hoped this would be the end of the “baseless” lawsuits aimed at holding them accountable for the torture their employees were involved in.
/*** snipped from wikipedia, for "US District Court Judge Gerald Bruce Lee".. ***/
Lee was educated at American University where he earned a B.A. in 1973, and a J.D. in 1976 from American University's Washington College of Law. Lee worked in private practice in Alexandria, Virginia until 1992, when he became a Circuit court judge on the 19th Judicial Circuit of Virginia, Fairfax Circuit Court. Lee was nominated to his present position as U.S. District Judge by President Bill Clinton on May 22, 1998, and received his commission on October 1, 1998.[1]
/****/
thanks bunches president clinton.
He's in the pocket of the "Beltway Bandits". Can't be offending that job-creating bunch in what would otherwise be a backwater of the country.
The dude's name is Bruce Lee?
How can anyone take that judge seriously?
"…saying that there was “inconclusive” evidence to conclude that the US had 'de facto sovereignty.' "
LOL.
This one is shocking. The U.S. was an occupying country, and controlled the Iraqi authorities such as they were, so it is inconceivable that the U.S. did not have de facto sovereignty. It is also inconceivable that the Government should be insulated from liability because the torture was committed by one of its contractors. The Courts have become as infected as the Administration, including the military, and Congress.
Amazing. The "CPA", appointed by Dubya, ruled Iraq up until June 2004 when we decided to write Iraq's constitution for them and appoint their government.
The violations at Abu Ghraib occurred in 2003 and 2004, and in a facility under direct US military command.
This decision does pass the bs test.
incredible and yet typical of people with too much power. This is exactly how Hitler's people acted until they were stopped and forced to pay for their wrongdoings. Putting this up to a "trial" and "judgment" by judges inside the united states is the same as asking the German state at the time to try itself at Nuremberg. You think maybe they would have let themselves off a little easier? It would be hard to conceive a more farcical concept.
This decision just make me want to vomit. With all the abundance of evidence and criminal convictions.
Is it a lack of jurisdiction by US courts or another example of a self-serving power play overriding the rule of law? The US often alleges the crimes of others, (Iraq and Syria for example) and demands that retribution and accountability be exacted by virtue of military invasion, regime change and other of subterranean devices.
It would be nice to read the NSA dossier on judge Gerald Bruce Lee.
Not surprising…the government is doing all it can to erase the stain of torture from the annuls of history. If they can find no one to hold responsible, then, well, it obviously never happened. I mean, we are a nation under the rule of law so if no one is found guilty, then it must have never happened. It never happened…any say different must be an anarchist…or a peace-loving commie bass-tardy, eh?
Guarantee that if it had been determined that a private contractor had run the gas chambers at Dachau the US would have hanged the entire company…
These contractors are quasi-government agents in exclusive service to the orders of their employers.
Here comes de judge. Judge not lest ye be above law…
Another War crime committed by US courts, his ruling is a direct breach of the Geneva Conventions in relation to Prisoners, in that it is a high crime to torture prisoners, regardless whether they are POWs or civilians and remember the SCOTUS ruled ALL prisoners were at least civilians! Ir is also a high crime to cover up, or refuse to prosecute! For those that argue the Judiciary are exempt, remember there were Nazi Judges prosecuted at Nuremberg!
So, according to "esteemed" and "learned" Judge Gerald Bruce Lee, the FedGov has no jurisdiction for torture committed by its contractors in Iraq, but it has full jurisdiction to kidnap people from Iraq and throw them into permanent confinement in Guantanamo. What a douche bag this man is.
The provisions of the third Geneva convention regarding humane treatment of prisoners of war, which the US is refusing to apply, include:
Article 13: humane treatment required; no reprisals allowed.
Article 14: Respect for persons and honour; no gender discrimination.
Article 16: No discrimination based on race, nationality, religious belief or political opinions.
Article 17: No physical or mental torture; no coercion to obtain information; prisoners who decline to provide information may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment.
Article 18: Clothing, articles of personal use, to remain with prisoners.
Article 20: Evacuation or transfer to be under same conditions as afforded to the detaining power.
Article 21: Internment in camp allowed; close confinement prohibited.
Article 22: Internment in penitentiaries prohibited; every guarantee of hygiene and healthfulness required.
Article 25: Condition of quarters must be as favourable for POWs as for the forces of the detaining power; accommodations for habits and customs of POWs required; protection from dampness, adequate heat and lighting required.
Article 26: Food must be in sufficient quantity, quality and variety to maintain good health and weight.
Article 27: Adequate clothing, underwear and footwear required.
Article 28: Canteens must be installed; fairly priced food, soap, tobacco and ordinary items must be stocked.
Articles 29–32: Proper hygiene and medical attention, including monthly health inspections, required.
Articles 34–37: Prisoners must be afforded complete latitude in the exercise of religion, including attendance at services, on condition they comply with disciplinary routine.
If I remember correctly, one of Cheney's accomplishments was to relieve the private contractors of any liability for actions taken in Iraq at the behest of the USG. That alone may be why CACI was found to be free of culpability.
A falsified democracy based on a falsified social justice gives you a non functioning justice system. In the other hand, if the law suite would have continued the company of torturer would have brought in the entire Democratic Party so as republicans arguing that it was them who ordered them to torture Iraqis.