By: Kevin Gosztola
Friday August 10, 2012 2:14 pm
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A more
than one hundred page defense motion detailing how Pfc. Bradley Manning, the
soldier accused of releasing classified information to WikiLeaks, was subjected
to cruel and inhuman treatment while held at Quantico Marine Brig has been made public. The motion on “unlawful pretrial
punishment” asserts officers at the brig made a decision to hold Manning in the
harshest conditions possible, regardless of his psychological health. It
concludes, as a result of “flagrant violation” of Manning’s “constitutional
rights,” the judge should dismiss all charges with prejudice or, at minimum,
grant “meaningful relief in the form of at least 10-for-1 sentencing credit for
the 258 days PFC Manning inappropriately spent in the equivalent of solitary
confinement.”
According
to the motion, in January 2011, a senior officer
told multiple brig officials during a meeting that he was to be held in
“maximum custody” and under “prevention of injury” (POI) watch indefinitely.
The officer claimed that nothing was going to change or happen to Manning on
his watch. A Brig psychiatrists did not approve, was upset and said, “Sir, I am
concerned because if you’re going to do that, maybe you might want to call it
something else, because it’s not based on anything from behavioral health.” The
senior officer replied, “We’ll do whatever we want to do. You [the Brig
psychiatrists] make your recommendation and I have to make a decision based on
everything else.” To which the psychiatrist said, “Then don’t say it’s based on
mental health. You can say it’s MAX custody, but just don’t say that
we’re somehow involved in this.” The senior officer dismissed this request.
Those at the top of the chain of command would use his “mental health” as an
excuse to keep him in conditions of solitary confinement.
For nine
months, Brig psychiatrists issued recommendations that Manning be downgraded
from POI status, which gave the Brig the power to keep him isolated in the
prison. They told Brig officials he posed no risk to himself and that the
designation was actually causing Manning “psychological harm.” But these
concerns and recommendations were entirely disregarded.
Under
POI, according to the defense website, Manning was required to eat all of his
meals alone and could only eat his meals with a spoon. He was not allowed to
speak with any prisoners. He was given a suicide mattress with a built-in
pillow. He was given a “tear-proof security blanket” that was “extremely
coarse” and led to rashes and carpet burns on Manning’s skin. The blanket was
stiff and would not “contour to his body” so it did not keep him warm. He was
not allowed any personal items in the cell. He could only have “one book or one
magazine” and when he was not reading the book or magazine would be taken away.
It also was taken away each day before he went to sleep. He was not permitted
to exercise in his cell. Any attempts to do push-ups or sit-ups would lead to
officers ordering him to stop. Every night he went to sleep he had to strip
down to his underwear and surrender his clothing to guards.
Manning
had to request toilet paper when he needed to go to the bathroom. He would have
to wait for guards to get around to providing this to him. No soap was in his
cell. Sometimes when he wanted to wash his hands after using the bathroom, he
would be able to, but sometimes he would not. No shoes were allowed to be worn.
Initially, he was only allowed one hour of “permitted correspondence” a day.
Then, after Oct 27, 2010, that changed to 2 hours/day.
Constantly,
Manning was monitored. Guards checked on him every five minutes asking, “Are
you okay?” Manning had to respond affirmatively each time and guards would take
note of each exchange in log books. When guards could not see him clearly at
night, like when he had his blanket up over his head or when he was curled up
against the wall, the guards would wake Manning up and see if he was “okay.”
And all of the lights were never turned off. There was also a fluorescent light
in the hall outside of Manning’s cell that was kept on during the night.
These
conditions were in addition to the maximum custody conditions imposed, which
included being placed in a cell directly in front of the guard post so he could
be monitored at all hours of the day, having to wake up at 5 am in the morning,
having to stay awake from 5 am to 10 pm every day and not being permitted to
lie down or lean his back against the cell wall. He was permitted only 20
minutes of “sunshine call” where he would “be brought to a small concrete yard,
about half to a third of the size of a basketball court.” In the yard, he could
walk around with “hand and leg shackles” on, while a Brig guard walked at his
“immediate side.” The guards gave him athletic shoes that had no laces and
would fall of when he tried to walk. Manning chose to wear boots so his shoes
would stay on while walking. He would typically walk in “figure-eights” and was
not allowed to “sit down or stay stationary” during “sunshine call.”
By
December 10, 2010, he earned a longer period of recreation: one hour each day.
He could exercise and move around without shackles or a Brig guard at his side.
There was “exercise equipment” he could access but he would not normally use it
because guards would tell him he could not use certain equipment and much of it
was “unplugged or broken down.”
Manning
could have non-contact visits on Saturdays and Sundays between noon and 3 pm
with “approved visitors.” During visits, he had to wear “hand and leg
restraints.” He met 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. The recording equipment
was added by Army CID after PFC Manning’s transfer to the Quantico Brig.”
Contact visits with attorneys were not allowed. Any time he met with his
attorneys, he wore shackles on his hands and feet. He was not permitted “any
work duty.” When moved outside his cell, the whole brig would be placed on
lockdown, and, while being moved, he was “shackled with metal hand and leg
restraints and accompanied by at least two guards.”
In July
2010, after being transported from Kuwait, a duty brig supervisor (DBS)
assessed whether he should be placed in maximum custody conditions. The DBS
“reviewed the inmate background summary and completed an initial custody
classification determination.” Despite the fact that the supervisor did
not find all the characteristics necessary that are normally required to be
found in order to place someone in maximum custody, the DBS ignored this
entirely and placed him in maximum custody.
The
motion features what appears to be a deposition from one of the Brig
psychiatrists that recommended Manning’s POI designation be removed. The
psychatrists, whose name is redacted, details how the
psychiatrist ”knew” the brig was “very concerned about his
safety…because there had been a suicide in the brig earlier that year.” The
psychiatrist went ahead and “obtained the services of another forensic
psychiatrist, who “evaluated the patient and concurred that POI was
appropriate. The Brig, as I best recall, waited a couple of weeks to put
this recommendation into effect.” But, after this, the suggestion that he be
“removed from POI” was made again because he was doing “relatively well,” even
if he exhibited “odd behaviors such as dancing around” and “possible sleep
walking.”
By the
fall, there was one incident. Manning apparently tried to perform a “yoga move
in which he contorted his limbs in such a way that staff thought he was trying
to hurt himself.” Manning was upset. The psychiatrist recommended he be put
back on POI status then rescinded the recommendation. Of course, regardless of
what the psychiatrist thought, he was never taken off this status. And,
apparently, the Brig rarely listened to this person:
Question
B. In your experience, does the Quantico Brig follow your recommendation
concerning either Suicide Risk or Prevention of Injury Status?
No. They
generally keep patients on precautions longer than I recommend.
Another
deposition from a forensic psychiatrist serving in the military appears in the
motion. He worked at Quantico and made determinations about the “behavioral
health” of prisoners. This psychiatrist said, when asked if being placed on
“suicide risk” since July 31, 2010, might be detrimental to Manning’s mental or
physical health:
It has
long been known that restriction of environmental and social
stimulation has a negative effect on mental functioning. Nevertheless, PFC
Manning has been able to adapt somewhat and his anxiety disorder is
currently in remission, significantly reducing his risk of self harm.
Finally,
here’s an exchange that shows just how averse they were to the opinions of
“pesky mental health providers,” who worked at the brig:
PFC
Manning: Why was I on, why was I on prevention of status for almost
6 months?
**Redacted**:
[chuckles to himself] I know this is no secret to you … I have plenty of
documentation. Plenty of documentation based on things that you’ve said,
things that you’ve done. Actions – I have to make sure, we have to
make sure, that you’re taken care of.
PFC
Manning: Yes, MSGT.
**Redacted**:
Things that you’ve said and things that you’ve done don’t steer us on the
side of “ok, well, he can just be a normal detainee.” They make us stay
on the side of caution.
PFC
Manning: But what about recommendations by the psychiatrist to remove me
off the status?
**Redacted**:
Who’s here every day? Who’s here every day? We are. Who sees you every
day? That’s all he is, is a recommendation. We have, by law, rules and
regulations set forth to make sure from a jail standpoint that
Bradley Manning does not hurt himself. Maybe from a psychiatric
standpoint, the recommendation he’s given – I get it, I got it,
understand, OK? But he’s not the only decision maker. A mental health
specialist is not the only decision that gets made.
It is over one hundred pages long so this only begins
to demonstrate how Brig commanders ensured Manning would be subjected to
conditions that amounted to torture throughout his entire detention at
Quantico.
Manning’s
defense lawyer said during the previous July motion hearing the motion should “shock the conscience of the
court.” The totality of its content definitely should bother anyone. So far,
Judge Army Col. Denise Lind has demonstrated a willingness to hear all the
evidence. She ordered the production of a Leavenworth commander that the
government opposed and also ordered that suicide prevention materials, such as
a mattress, blanket and smock, be present in court when this motion is argued.
(This is the smock he was made to wear after he made a sarcastic remark and a
Brig officer reminded Manning who was in charge by forcing him to sleep naked.)
Manning
is expected to testify in court on the punishment he
endured when the motion is finally argued. It was previously scheduled for the
hearing that is to take place during the last week of August at Fort Meade,
Maryland. It has been pushed to the first week of October after the prosecution
handed Quantico emails over to the defense. The defense filed for a continuance and decided it would need to
request additional witnesses be present. This indicates the hearing in August
will focus on getting witnesses approved for the hearing on the “unlawful
pretrial punishment” motion in October.
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