Iraqi Catholic archbishop calls terrorism lawsuit 'false and defamatory'

(OSV News) -- A Chaldean Catholic archbishop denies claims by an Iraqi-American businesswoman that he "aided and abetted" acts of "international terrorism," including her alleged kidnapping and torture, amid political infighting and turmoil in Iraq in 2014.

"We categorically and unequivocally reject these false and defamatory accusations," said Archbishop Bashar Warda of Irbil, Iraq, in a statement provided to OSV News.

The archbishop added that he had "received with great astonishment the news" that he was named by Sara Saleem, an Iraqi Kurd who became a naturalized U.S. citizen in 2020, in a lawsuit she filed in U.S. District Court for the Eastern District of Virginia in February.

In the filing, Saleem also accused more than a dozen individual defendants, including her former business partner, Nizar Hanna Nasri, and his brothers Nameer and Ramiz. Among those named in the suit are several current and former Iraqi officials, and the militant groups Hezbollah and Asa'ib Ahl al-Haq, or AAH.

Saleem has not yet responded to OSV News' request for comment. An attorney for Saleem acknowledged the requests, but stated he believed his client was traveling.

Court documents state that Saleem -- who after graduating from Salahaddin University in Iraq worked her way up in the field of property development in that nation -- alleges she was kidnapped and tortured in 2014 by Hezbollah and AAH, with the suit's other defendants assisting the militants.

In the filing, Saleem claimed the attack centered on a $100 million loan she had obtained from the Trade Bank of Iraq to finance a major residential development project. The suit states the loan had made her a target for extortion, harassment, detention, kidnapping and torture, with the 2014 attack leaving her and her family traumatized.

Saleem alleges in her suit that Archbishop Warda and the other defendants "aided," "abetted" and "conspired" acts of terrorism against her, in violation of the U.S. Anti-Terrorism Act.

The law, initially enacted in 1992, allows U.S. victims killed or injured by international terrorist acts to seek civil damages. Through the 2016 Justice Against Sponsors of Terrorism Act, liability was extended to those who aid and abet terrorists in harming U.S. citizens.

Citing case precedent, Saleem argues in the filing that the ATA does not "require that the claimant be a U.S. national at the time of the injury," but only at the time of the legal complaint. She seeks an unspecified amount of compensatory and punitive damages, in addition to legal fees.

However, attorney Jeffrey Breinholt -- a retired counterterrorism prosecutor and senior research fellow at George Washington University's Program on Extremism -- addressed the argument that non-citizens can claim eligibility under the ATA law.

"I think if you're not a U.S citizen at the time of the attack, you're out of luck," Breinholt, who has compiled an encyclopedia of cases litigated under the law, told OSV News.

While not addressing the particulars of Saleem's case, Breinholt said that based on his research for that legal compilation, "30% of the cases that are filed under the statute are frivolous."

Saleem's suit alleges that Archbishop Warda "facilitated, through his connections to Iran-backed militias such as Rayan al-Kildani's Babylon Brigades, the scheme to extort, kidnap, torture, and attempt to kill Plaintiff."

Saleem's filing also claims that Archbishop Warda obstructed Iraqi judicial proceedings initially investigating the case, acting as an intermediary and passing along a bribe "in return for millions of dollars."

An authorized spokesperson for Archbishop Warda refuted the allegations, saying, "This notion that he is somehow a supporter of militias flies in the face of everything he's done publicly over the last 10 years to fight against the militias."

The spokesperson noted that Archbishop Warda had even addressed the United Nations' Security Council in 2019, calling in his speech for international assistance in ensuring Iraq transitioned through "free and fair elections" to a new government "which is free of corruption and where there is full citizenship and opportunity for all."

In his March 30 statement on the lawsuit, Archbishop Warda said that Saleem "falsely accuses us of obstructing the course of the Iraqi judiciary and influencing the proceedings of a case she filed against her business partners."

His spokesperson told OSV News the archbishop had "never met Saleem" in person, but had spoken with her once by telephone. The spokesperson said she sought the help of the archbishop, a prominent community leader, as part of an informal mediation effort in her business dispute. It involved a "respectful conversation" that, to the spokesperson's knowledge, may have been followed by a few text messages -- all of which "came to nothing."

"We affirm that among our fundamental roles, as clergy and advocates of peace, has always been and continues to be centered on offering guidance and advice to all who seek our counsel, and on helping resolve disputes through peaceful and amicable means before resorting to legal action," Archbishop Warda said in his statement. "We engage in this role openly and freely to all those who come seeking such assistance in good will."

He added that "this is exactly what we did" when Saleem's "partners approached us seeking help to resolve their conflict with her.

"We made efforts to bring the two parties closer and contacted her in an attempt to achieve reconciliation," Archbishop Warda continued. "Unfortunately, these efforts were unsuccessful, and both parties turned to the Iraqi judiciary, which has held jurisdiction over the dispute ever since."

The archbishop also said that "this dispute among business partners now rests with the Iraqi judiciary," while noting that regarding Saleem's U.S. lawsuit, "we intend to vigorously oppose these claims in the proper forum where we are confident the truth of this matter will be made clear in due course."

"We reaffirm that the Church has never been -- and will never be -- a party that obstructs the path of justice," said Archbishop Warda in his statement. "On the contrary, it will always remain an open and mediating platform for all people, regardless of religion or affiliation. The Church speaks truth, defends the oppressed, and supports the independence and integrity of the Iraqi judiciary."

He said, "The Church has always been -- and will always remain -- a home for everyone, and its mission will continue to be one of reconciliation, justice, and peace."