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<h1><small><small>Defense Motion Describes Bradley Manning’s “Unlawful
Pretrial Punishment” in Solitary Confinement</small></small></h1>
<div id="single-date" class="date">August 11, 2012<br>
<small><small><a class="moz-txt-link-freetext" href="http://solitarywatch.com/2012/08/11/defense-motion-describes-bradley-mannings-unlawful-pretrial-punishment-in-solitary-confinement/#more-6498">http://solitarywatch.com/2012/08/11/defense-motion-describes-bradley-mannings-unlawful-pretrial-punishment-in-solitary-confinement/#more-6498</a></small></small><br>
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<div class="author"> <span class="by-author"><span class="sep">by</span>
<span class="author vcard"><a class="url fn n"
href="http://solitarywatch.com/author/jeancasellaandjamesridgeway/"
title="View all posts by Jean Casella and James Ridgeway" rel="author">Jean
Casella and James Ridgeway</a></span> </span> </div>
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<p>David E. Coombs, attorney for accused Wikileaker Bradley Manning,
has made public a <a
href="https://docs.google.com/file/d/0B_zC44SBaZPoQ2hLa21jNlM0WmM/edit?pli=1">motion</a>
“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.</p>
<p>Manning was held in conditions that were <a
href="http://www.guardian.co.uk/world/2012/mar/12/bradley-manning-cruel-inhuman-treatment-un">denounced</a> 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.</p>
<p>According to the motion, as <a
href="http://www.armycourtmartialdefense.info/2012/08/unlawful-pretrial-punishment-motion_10.html">summarzied
on Coombs’s website</a>, “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.”</p>
<p>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.”</p>
<p>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:</p>
<p><span id="more-6498"></span></p>
<blockquote>
<div>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:</div>
<ul>
<li>
<div>PFC Manning was placed in a cell directly in front of the
guard post to facilitate his constant monitoring.</div>
</li>
<li>
<div>PFC Manning was awoken at 0500 hours and required to remain
awake in his cell from 0500 to 2200 hours.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>Whenever PFC Manning was moved outside his cell, the entire
facility was locked down.</div>
</li>
<li>
<div>Whenever PFC Manning was moved outside his cell, he was
shackled with metal hand and leg restraints and accompanied by at least
two guards.</div>
</li>
<li>
<div>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…</div>
</li>
<li>
<div>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…</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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…</div>
</li>
<li>
<div>PFC Manning was only permitted non-contact visits with his
attorneys. During these visits, he was shackled at the hands and feet.</div>
</li>
<li>
<div>PFC Manning was not permitted any work duty.</div>
</li>
</ul>
<div>Owing to PFC Manning being placed on continuous POI status, he
was subject to the following further restrictions:</div>
<ul>
<li>
<div>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.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>PFC Manning was required to receive each of his meals alone
in his cell. He was only permitted to eat with a spoon.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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…</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>PFC Manningwas not allowed to have any personal items in his
cell.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>When PFC Manning went to sleep, he was required to strip
down to his underwear and surrender his clothing to the guards.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>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.</div>
</li>
<li>
<div>PFC Manning was not permitted to wear shoes in his cell.</div>
</li>
<li>
<div>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.</div>
</li>
</ul>
</blockquote>
<p>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.”</p>
<p>As Matt Williams writes at the <a
href="http://www.guardian.co.uk/world/2012/aug/10/bradley-manning-military-code-lawyer?newsfeed=true">Guardian</a>:</p>
<blockquote>
<p>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.</p>
</blockquote>
<p>For more detailed readings of the motion, see <a
href="http://dissenter.firedoglake.com/2012/08/10/defense-motion-details-horrific-conditions-bradley-manning-was-subjected-to-at-quantico/">Kevin
Gosztola’s blog </a>at Firedoglake and <a
href="http://www.wired.com/threatlevel/2012/08/general-manning-jail-treatment/">Kim
Zetter’s post</a> on Wired.</p>
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