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Daphne Eviatar

Daphne Eviatar

Posted: March 4, 2011 03:01 PM

If the U.S. military is really concerned that a soldier in its custody might commit suicide, it would seem like a bad idea to keep him isolated in a prison cell for months and forcibly stripped naked for seven hours a day while under constant surveillance.

But that's just what the Marines at the brig in Quantico, Virginia are apparently doing to Pfc. Bradley Manning, the Army intelligence analyst suspected of leaking secret government documents to Wikileaks.

According to his lawyer, David Coombs, Manning, who is in Maximum security and Prevention of Injury watch, was once again stripped naked on Thursday night. This is apparently part of a new regimen implemented earlier this week. Coombs said he was first stripped and left naked in his cell for seven hours on Wednesday, as the New York Times reported this morning.

First Lieutenant Brian Villard, a Marine spokesman, told the Times that the decision was "not punitive" and is in accordance with Brig rules. But, he added, it would be "inappropriate for me to explain it."

Inappropriate, or impossible?

As Coombs notes in his blog: "There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning. This treatment is even more degrading considering that PFC Manning is being monitored -- both by direct observation and by video -- at all times."

Coombs was told that Brig officials decided to implement this new nakedness policy without consulting any of the Brig's mental health providers.

When I last wrote about Manning's treatment, Eugene Fidell, president of the National Institute of Military Justice who teaches at Yale Law School, told me that the extreme conditions of his confinement were "not customary" and seemed particularly troublesome for someone believed to be a danger to himself. He would be better off in a hospital if that's the case, Fidell said.

If Manning wasn't mentally disturbed already, it would seem that forcing him to stay naked in his cell all night while under constant surveillance, then to stand naked outside the cell while it's inspected, would certainly push him in that direction.

David House, a friend of Manning's, told reporters on Thursday that he believes Manning's mental condition is rapidly deteriorating. In addition to being kept isolated in a cell 23 hours a day, Manning gets one hour to exercise -- alone -- in an empty room indoors.

Pfc Manning, arrested last May, was initially charged with "transferring classified data onto his personal computer and adding unauthorized software to a classified computer system in connection with the leaking of a video of a helicopter attack in Iraq in 2007," and "communicating, transmitting and delivering national defense information to an unauthorized source and disclosing classified information concerning the national defense with reason to believe that the information could cause injury to the United States."

On Wednesday, the government filed another 22 charges, including "aiding the enemy," which can be punishable by death. The government has said it will not seek the death penalty in this case. That may be because, as Jane Hamsher noted on Firedoglake, it's not really clear who the enemy is in this case: Wikileaks?

Pentagon spokesman Goeffrey Morrell on Thursday said that Manning is being held under his current confinement conditions due to "the seriousness of the charges he's facing, the potential length of sentence, the national security implications, and also the potential harm to him that he could do to himself or from others," adding that the conditions were ultimately "for his [PFC Manning's] own good."

It's not at all clear, however, how any of this is for the good of Pfc Manning. On the contrary, it appears to be a form of punishment for what the government is now suggesting is some sort of terrorist activity, although Wikileaks is not a terrorist organization and in any event, Manning has yet to be court-martialed for it.

Article 13 of the UCMJ expressly forbids punishing a military servicemember by conditions of confinement that are "any more rigorous than the circumstances required to insure his presence" at trial. Although he may be punished for disciplinary infractions in prison, the military has not claimed that he's broken any prison rules or been other than a model prisoner.

Coombs has filed a complaint about Manning's conditions, and on Wednesday, the government filed its response. The military denied Manning's request to be removed from Maximum custody and from Prevention of Injury watch.

 

Follow Daphne Eviatar on Twitter: www.twitter.com/deviatar

 
 
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HarkaDahl
rude impatient judgemental and filled with love
08:28 AM on 03/07/2011
"isolated in a prison cell for months and forcibly stripped naked for seven hours a day while under constant surveillance."

The guy is unable to do anything that warrants this. It's medieval, sadistic and vengeful. Sometimes it's hard to spot the moral difference between America and it's enemies.
09:49 PM on 03/06/2011
Is it any wonder why charges of corruption coming from the U.S. Government/Military are met with laughter?
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mlkx
occupy the overworld
08:24 PM on 03/06/2011
The US gov. seems to be taking a two prong strategy 1) throw as many charges at him as possible to instill fear and compliance or perhaps to ensure conviction on at least one count and 2) break him down mentally so that he can be kept until he is deemed capable of standing trial which might lead to indefinite detention given his treatment (a real Catch 22) or at least ensure he is unable to put up a good defense. Even if you think he is guilty (which I don't), who would want their government behaving in such a manner. . .
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muysuave41
Spanish Olive Oil Producer
07:26 PM on 03/06/2011
Perhaps he is suspected of hiding evidence that could be used against him....
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SCStoday
Republicans are holding back economy
06:28 PM on 03/06/2011
THIS WHOLE COUNTRY HAS GONE TO THE DUMPS. POLITICIANS THAT NEVER GET PROSECUTED FOR THEIR WRONGS AND NOW UNJUST PUNISHMENT. This administration is no better than Bush.
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Ron Battista II
07:13 AM on 03/07/2011
Oooooh, this administration is the OPPOSITE of Bush. The executive branch, now, that is a mess. The President? Rock solid.
05:48 PM on 03/06/2011
What did Manning expect? A ticker tape parade by grateful politicians?

It makes no difference what I think of him.....the guy was unbelievably stupid to pull such a stunt. The powers-that-be were NOT going to let him get away with it.

*********I don't think much of him. As corrupt as a government/country can be, they have to have some "secrets" or another country will conquer them.

How many people want their bank account and social security numbers splashed all over the web? How many would want their computer passwords to be common knowledge, especially if they keep private info on themselves or their company?
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06:25 PM on 03/06/2011
I accuse you of not understanding the notion of "the rule of law" or the concept of "constitutionally protected rights". I find you.... guilty.
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Ron Battista II
10:59 AM on 03/09/2011
Guilty
09:51 PM on 03/06/2011
I also accuse him of not understanding what "classification" is used for in the military.
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05:18 PM on 03/06/2011
I appreciate your post here - as few seem to care that Manning is being tortured. But, let's not speak vaguely about who is responsible. The buck stops with Obama - and he is committing a terrible crime.

Democrats and journalists need to start calling out this president for HIS torturing of (presumed innocent American citizen) Bradley Manning.
04:45 PM on 03/06/2011
Why is our Commander in Chief condoning these twisted, sadistic acts?

The audacity of hopelessness....
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Ron Battista II
07:14 AM on 03/07/2011
He's not condoning it. I would like him to be asked a question by the WH press about it, though.
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Martha Rayburn
11:27 AM on 03/07/2011
If he hasn't done anything to stop it, then he is condoning it.
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mansterEZ
searching for secular humanist fact-based truth
04:35 PM on 03/06/2011
The Dubya err Cheney Administration redefined torture into gray obscurity. The Patriot Act insures we'll never be the same country that insures innocent until proven guilty. This is classified as doubling down on fear.
03:46 PM on 03/06/2011
Maybe he should have not broken the law
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GuyCybershy
03:58 PM on 03/06/2011
His only crime is exposing the US government as a criminal enterprise.
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mansterEZ
searching for secular humanist fact-based truth
04:40 PM on 03/06/2011
How do we know that he broke any law? Guilty by association? Internet conviction? Is his present method of confinement not torture? Would you trade places with him for a day? An hour? A minute?
03:20 PM on 03/06/2011
Why isn't the president stepping forward to protect this man being eviscerated by our nation's intelligence services. He may have violated the law and may deserve punishment for his acts, but his treatment is straight out of the 'torture the prisoners' playbook.
07:21 PM on 03/06/2011
but didn't he know this was a possibility going in? when you join the military, don't they tell you that the consequences for committing treason are a little different for you than a civilian?
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Shebagirl
Be a superdog - protect an underdog!
07:35 PM on 03/06/2011
Prove it!
09:54 PM on 03/06/2011
The military has a "code" by which they have to behave -- this behavior is in direct violation of that code and ALL involved should be officially punished/reprimanded.
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PG812
02:21 PM on 03/06/2011
It's time that the bar associations step forward on Bradley Manning's behalf since Bradley Manning deserves his day in court. Is this unjustifiable conduct by the military to prevent him from aiding in his own defense? I wonder.
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okim5150
I only drink to make you more interesting
06:29 PM on 03/06/2011
Or the ACLU?
07:23 PM on 03/06/2011
he isn't a civilian! i swear this is the most infuriating thread to read. stop expecting him to be treated the way you would be in a court of law. the rules of evidence and procedure work differently. and when you join the military you agree to follow the rules or suffer the consequences. it's unfortunate, but it's what he signed up for.
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Shebagirl
Be a superdog - protect an underdog!
07:37 PM on 03/06/2011
He's a human being - I don't care whether he is in the military or not. You think the military is so special that they can operate under different rules than other citizens. Again, I repeat, he is a human being.
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GuyCybershy
01:50 PM on 03/06/2011
Bradley Manning and the stench of US hypocrisy

http://www.guardian.co.uk/commentisfree/libertycentral/2011/mar/04/bradley-manning-us-wikileaks-hypocrisy
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librldem
Snarking for Merika n jebus! Glory!
01:40 PM on 03/06/2011
There was a country in eupore 70 years ago that did this kind of thing to people. We are now that country.
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mattwg440
01:19 PM on 03/06/2011
make no mistake folks, this brave young man is being made an example of.

They want all of us to remember what they are doing to him next time we get an itch to tell the truth.
07:26 PM on 03/06/2011
they are making an example of him to deter other soldiers from giving information to Wikileaks or any other outside source. they obviously have too many people with security clearance and let it get out of control. the example isn't for civilians.
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Shebagirl
Be a superdog - protect an underdog!
07:41 PM on 03/06/2011
Not so - they want him "crazy" so he can't mount a defence. I'm never going to buy that story that some lowly private had access to high security clearance situations all by himself. Was the fellow from the abughraib spill treated this way?
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Ron Battista II
11:10 AM on 03/09/2011
For someone who is silent you sure do talk too much :)