Skip to content

Defense Motion Describes Bradley Manning’s “Unlawful Pretrial Punishment” in Solitary Confinement

August 13, 2012

From Solitary Watch

David E. Coombs, attorney for accused Wikileaker Bradley Manning, has made public a motion“to dismiss all charges owing to the unlawful pretrial punishment to which PFC Manning was subjected while at Marine Corps Base, Quantico.” Manning spent close to nine months in solitary confinement in the Brig at Quantico, from July 2010 to April 2011, before being transferred into less restrictive conditions at Fort Leavenworth.

Manning was held in conditions that were denounced as “cruel, inhuman, and degrading treatment” by UN Special Rapporteur on Torture Juan Mendez. His lawyer is now arguing that they were also in “flagrant violation” of military code. Keep in mind that Manning had not–and still has not–been convicted of any crime, nor had he been accused of any disciplinary violations while in custody.

According to the motion, as summarzied on Coombs’s website, “a decision had been made early on at Quantico to keep PFC Manning in MAX Custody and in Prevention of Injury (POI) status — in effect, the functional equivalent of solitary confinement.” The motion further argues that “Multiple psychiatrists at the Quantico Brig recommended for almost nine months that PFC Manning be downgraded from POI status.  The psychiatrists informed Quantico Brig officials that PFC Manning’s POI status was not warranted because he did not present a risk to himself and that the POI status was actually causing PFC Manning psychological harm.  The psychiatrists’ recommendations were outright ignored by Quantico officials.”

The defense claims it has documents that “reveal that the senior Brig officer who ordered PFC Manning to be held in MAX and in POI was receiving his marching orders from a three-star general. They also reveal that everyone at Quantico was complicit in the unlawful pretrial punishment, from senior officers to enlisted marines.”

Many aspects of Bradley Manning’s conditions of confinement at Quantico will sound familiar to the tens of thousands of American prisoners who have spent time in solitary confinement in supermax prisons and Special Housing Units. Additional restrictions were put in place supposedly because he was at risk of harming himself, though they in fact seem only to have added to his torture. According to the summary of the motion:

 

PFC Manning was placed in a 6×8 cell with no window or natural light. Owing to his classification as a MAX detainee, PFC Manning was subject to the following restrictions:
  • PFC Manning was placed in a cell directly in front of the guard post to facilitate his constant monitoring.
  • PFC Manning was awoken at 0500 hours and required to remain awake in his cell from 0500 to 2200 hours.
  • PFC Manning was not permitted to lie down on his rack during the duty day. Nor was PFC Manning permitted to lean his back against the cell wall; he had to sit upright on his rack without any back support.
  • Whenever PFC Manning was moved outside his cell, the entire facility was locked down.
  • Whenever PFC Manning was moved outside his cell, he was shackled with metal hand and leg restraints and accompanied by at least two guards.
  • From 29 July 2010 to 10 December 2010, PFC Manning was permitted only 20 minutes of “sunshine call.”  Aside from a 3-5 minute shower, this would be the only time PFC Manning would regularly spend outside his cell.  During this sunshine call, he would be brought to a small concrete yard, about half to a third of the size of a basketball court.  PFC Manning would be permitted to walk around the yard in hand and leg shackles, while being accompanied by a Brig guard…
  • From 10 December 2010 onward, PFC Manning was permitted a one hour recreation call.  At this point, the Brig authorized the removal of his hand and leg shackles and PFC Manning was no longer required to be accompanied by a Brig guard…
  • PFC Manning was only authorized non-contact visits.  The non-contact visits were permitted on Saturdays and Sundays between 1200 and 1500 hours by approved visitors.  During these visits, he would have to wear his hand and leg restraints.
  • PFC Manning was required to meet his visitors in a small 4 by 6 foot room that was separated with a glass partition.  His visits were monitored by the guards and they were audio recorded by the Brig…
  • PFC Manning was only permitted non-contact visits with his attorneys. During these visits, he was shackled at the hands and feet.
  • PFC Manning was not permitted any work duty.
Owing to PFC Manning being placed on continuous POI status, he was subject to the following further restrictions:
  • PFC Manningwas subject to constant monitoring; the Brig guards were required to check on him every five minutes by asking him some variation of, “are you okay?” PFC Manning was required to respond in some affirmative manner.   Guards were required to make notations every five minutes in a logbook.
  • At night, if the guards could not see him clearly, because he had a blanket over his head or he was curled up towards the wall, they would wake PFC Manning in order to ensure that he was okay.
  • At night, only some of the lights would be turned off.  Additionally, there was a florescent light in the hall outside PFC Manning’s cell that would stay on at night.
  • PFC Manning was required to receive each of his meals alone in his cell.  He was only permitted to eat with a spoon.
  • There were usually no detainees on either side of PFC Manning.  If PFC Manning attempted to speak to those detainees that were several cells away from him, the guards would order him to stop speaking.
  • PFC Manning originally was provided with a standard mattress and no pillow. PFC Manning tried to fold the mattress to make a pillow so that he could be more comfortable when sleeping.  Brig officials did not like this, so on 15 December 2010 they provided him with a suicide mattress with a built-in pillow…
  • PFC Manning was not permitted regular sheets or blankets.  Instead he was provided with a tear-proof security blanket.  This blanket was extremely coarse…The blanket did not keep PFC Manning warm because it did not retain heat and, due to its stiffness, did not contour to his body.
  • PFC Manningwas not allowed to have any personal items in his cell.
  • PFC Manningwas only allowed to have one book or one magazine at any given time to read.  If he was not actively reading, the book or magazine would be taken away from him.  Also, the book or magazine would be taken away from him at the end of the day before he went to sleep.
  • For the last month of his confinement at Quantico, PFC Manning was given a pen and five pieces of paper along with his book.  However, if he was not actively reading his book and taking notes, these items would be taken away from him.
  • PFC Manning was prevented from exercising in his cell.  If he attempted to do push-ups, sit-ups, or any other form of exercise he would be forced to stop.
  • When PFC Manning went to sleep, he was required to strip down to his underwear and surrender his clothing to the guards.
  • PFC Manning was only permitted hygiene items as needed. PFC Manning would have to request toilet paper every time he wanted to go to the bathroom; at times, he had to wait for guards to provide him with toilet paper.
  • There was no soap in his cell.  PFC Manning requested soap to wash his hands after using the bathroom; guards would sometimes get the soap, and sometimes not.
  • PFC Manning was not permitted to wear shoes in his cell.
  • PFC Manning was initially only permitted correspondence time for one hour a day; after 27 October 2010, this was changed to two hours per day.

According to the complaint, at one point, after he suffered an apparent anxiety attack and then protested his conditions, a Brig official “placed PFC Manning in Suicide Risk status, over the recommendation of a Brig psychiatrist.” For two days he was confined to his cell, permitted to wear only his underwear during the day, and forced to sleep naked at night; his eyeglasses were also taken away. After he complained about his conditions again, Manning was “required to wear a heavy and restrictive suicide smock which irritated his skin and, on one occasion, almost choked him.”

As Matt Williams writes at the Guardian:

The defence motion is brought under Article 13 of the Uniform Code of Military Justice. It states that “no person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence.”Under Article 13, if a judge decides that a member of the armed forces has been illegally punished before trial, he can grant the prisoner credit on the amount of time they have already served in custody, or can even dismiss all charges outright.

For more detailed readings of the motion, see Kevin Gosztola’s blog at Firedoglake and Kim Zetter’s post on Wired.

7 Comments leave one →
  1. Casey permalink
    August 13, 2012 9:24 am

    We the People seem to have an embarrassing penchant for torture lately.

  2. Bill permalink
    August 13, 2012 9:56 pm

    Don’t give me that about cruel and unusual punishment.He deserves all that is coming to him for what he did. Furthermore being a member of the military…WE lived for 9 months at a time in the middle east we lived in holes we dug or bombed out buildings. There were scorpions and snakes the temperatures were well above the 110 degree mark there was no privacy, there was no silence, there was no scheduled sleep times. He gets what he gets he chose to do what he did!!!!!!!!!!!!!

    • August 14, 2012 3:30 pm

      Wow – you sound nicely puffed up with self-righteous condemnation!

      I’m not really sure Bradley Manning chose to live in a world of warring, lying States any more than you did. If by “choice” you’re referring to his choice to do what he felt was right, in a context (warring States, large military industrial complex, solitary confinement, 21st century late capitalism…) that wasn’t at all his choosing, then i guess you are correct. But if that is what we mean by “choice,” it seems to me to be a hollow term, eh?

      It also sounds to me like you’ve got an axe grind not with Manning but the State that sent you to a bullshit war to live in that hell you described. This is strange, really – Manning risked his personal life and safety to expose lies surrounding a war that had put you in hell…Common sense would suggest y’all have common cause, but instead you’re projecting your anger about your own experiences at the man who had nothing to do with it. Manning didn’t send you to that hell, he didn’t give the orders, he didn’t start the war. Your officers, your politicians, the people with money and resources who run this country, THEY started the war. Why not direct your rage at the men and women who are actually responsible?

      • jules permalink
        August 15, 2012 3:34 am

        Burn! But seriously this kid was treated like a super-criminal out of a bad 80s movie. If only all of us were this strong. I got a little clammy just reading this, I can’t possibly imagine what he is going through right now.

    • Theo capteijn permalink
      August 14, 2012 7:17 pm

      Sad. The US is no longer a free country. The Patriot Act saw to that. And now Obama has signed a new law, you can be arrested without habeus Corpus for indefinite times no right for a lawyer, no given charges etc etc. The Us has declared war upon his own people. manning only did what was right, showing the world two helicopter crew begging for permission to shoot and kill unarmed sivilians. Beware US citizens, your gouvernment has the right to do the same to you. Hear that buzz? It,s a drone flying over your city to register your every movement. All your e-mails are being stored and read by FBI, all your Internet activities are being monitored. Facebook is a very great tool in the hands of the NSA to tap into your innermost personal circle. Good luck US. A few shoot-outs more, and the next movement will be the nullyfication of the Second Amendment. And then your only means of defending yourself against a gouvernment that you in fact should rise up against will be taken out of your hands. When Injustice becomes Law…Rebellion becomes Duty, Thomas Jefferson once said. It,s about time for your second revolution, and to take to justice the very people that put you in to this misery. Wall Street Bankers. Bush sr and jr. Dick Chaney Donald Rumsfeld etc etc. All criminals that gave you 9/11 and the financial collapse following that. I pity you, once proud free country.

  3. August 14, 2012 5:27 pm

    Unprovoked unjustified wars build on misinformation and under-information fed to us by the US press. This man is a hero for citizens and soldiers alike. He told the truth about how the US citizens have been bamboozled into these wars. War has become a business for the American uber rich classes.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 1,632 other followers

%d bloggers like this: