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Bradley Manning's Pre-Trial Punishment

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Private First Class Bradley Manning spent his Christmas this year in a 6-foot by 12-foot prison cell at the Quantico Marine Corps Base in Virginia, where he has been held since May. He is in solitary confinement. He is under continuous surveillance, and must respond to cell checks every five minutes. He cannot keep any personal items in his cell. And he is not even allowed to exercise in his small quarters.

These conditions, as described by Manning's attorney, David E. Coombs, seem like harsh and cruel punishment even for the most violent, most dangerous convicted criminals. But Manning has not been convicted of any crime at this point. He is accused of being the source of the classified U.S. government documents that Wikileaks has been sharing with the world, but he still awaits his day in military court.

Daphne Eviatar, Senior Associate of the Law and Security Program at Human Rights First, questioned the legality of Manning's treatment, saying: "At the very least, the conditions would seem to amount to a violation of Article 13 of the [Uniform Code of Military Justice], which states, '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, but he may be subjected to minor punishment during that period for infractions of discipline.'"

Eviatar continued: "No one has claimed that Bradley Manning has been anything less than completely cooperative with prison guards. And given that he's not accused of a violent crime, it's difficult to see why such extreme security measures are necessary."

According to Glenn Greenwald at Salon.com, Manning's detention conditions "constitute cruel and inhumane treatment and, by the standards of many nations, even torture," and are "likely to create long-term psychological injuries."

The case has caught the attention of the United Nations' special rapporteur on torture, Manfred Nowak, who is investigating Manning's treatment. According to the Washington Post, "The U.N. could ask the United States to stop any violations it finds." But would it even matter?

I get the impression that the military is trying to get some extrajudicial revenge on Manning. And this is another glaring example of how prisoner rights, the law, and true justice have all taken a back seat since George W. Bush declared his "war on terror".

This is what America has become. And we don't have Bush to blame for it now.

 

Mary Shaw is a Philadelphia-based writer and activist, with a focus on politics, human rights, and social justice. She is a former Philadelphia Area Coordinator for the Nobel-Prize-winning human rights group Amnesty International, and her views (more...)
 

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If Manning reported felonies committed by other US... by Steven G. Erickson on Monday, Dec 27, 2010 at 8:45:35 AM
I posted two polls at Democratic Underground, one ... by Steven Leser on Monday, Dec 27, 2010 at 1:04:44 PM
While it is true that those who have served in the... by Sherwin Steffin on Monday, Dec 27, 2010 at 3:11:35 PM
n/t... by Steven Leser on Monday, Dec 27, 2010 at 10:02:32 PM
"A Few Good Men" "Enemy of State"... by BFalcon on Tuesday, Dec 28, 2010 at 2:14:47 PM
n/t... by Steven Leser on Monday, Dec 27, 2010 at 10:02:35 PM
It is indeed easy to make excuses for Manning. No... by Doc McCoy on Monday, Dec 27, 2010 at 11:05:12 PM
The journalist gets a tape with murder. Who is the... by BFalcon on Tuesday, Dec 28, 2010 at 2:18:35 PM
I would need to watch the movie again Doctor - and... by Doc McCoy on Tuesday, Dec 28, 2010 at 6:06:33 PM
what the military does. Mr. Manning will be a nat... by Dak on Tuesday, Dec 28, 2010 at 12:07:37 AM
When you have a government that does not believe i... by liberalsrock on Monday, Dec 27, 2010 at 10:06:17 AM
The military and penal systems are hopelessly entr... by zephyr on Monday, Dec 27, 2010 at 12:52:52 PM
The treatmeant of Manning appears to be criminal i... by Super Cop on Monday, Dec 27, 2010 at 4:29:40 PM
I am prior military and the obligation to follow o... by Timothy Bickford on Monday, Dec 27, 2010 at 5:16:25 PM
Steven and Timothy and they obviously disagree.Whi... by Charlene Richards on Monday, Dec 27, 2010 at 8:35:46 PM
You are making reference to things that do not app... by Doc McCoy on Tuesday, Dec 28, 2010 at 2:11:52 AM
I would think that the UCMJ also guarentees a spee... by Timothy Bickford on Tuesday, Dec 28, 2010 at 5:06:50 AM
Those concepts do not necessarily apply in militar... by Doc McCoy on Tuesday, Dec 28, 2010 at 6:16:03 AM
I read the info you suggested below is an excerpt ... by Timothy Bickford on Tuesday, Dec 28, 2010 at 11:31:32 AM
And I fully agree that the facts and the right inf... by BFalcon on Tuesday, Dec 28, 2010 at 2:13:12 PM
One critical difference between civilian and milit... by Sherwin Steffin on Tuesday, Dec 28, 2010 at 2:37:07 PM
in the military. You are literally government owne... by Steven Leser on Tuesday, Dec 28, 2010 at 2:49:03 PM
You can't "consent to waive" your Constitutional r... by BFalcon on Tuesday, Dec 28, 2010 at 3:25:10 PM
I suggest you talk to an attorney about that one. ... by Steven Leser on Tuesday, Dec 28, 2010 at 4:09:54 PM
And, by the way, I am more focused on the crimes p... by BFalcon on Tuesday, Dec 28, 2010 at 9:17:37 PM
The CAAF agreed with the lower court's holding tha... by Timothy Bickford on Tuesday, Dec 28, 2010 at 9:14:12 PM
The facts surrounding Manning's detention or confi... by Doc McCoy on Tuesday, Dec 28, 2010 at 9:31:54 PM
At some point the levy has to break. Avila tried ... by Timothy Bickford on Friday, Dec 31, 2010 at 4:59:01 PM
I'm sorry Sherwin, it is not complicated. This is ... by Steven Leser on Monday, Dec 27, 2010 at 9:59:58 PM
And I want to repeat again that I am against any c... by BFalcon on Tuesday, Dec 28, 2010 at 2:30:02 PM
What I cannot tell you for sure is what is/was goi... by Steven Leser on Tuesday, Dec 28, 2010 at 3:18:16 PM