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Bradley Manning treatment in 'flagrant violation' of military code - lawyer

David Coombs claims in Article 13 motion that WikiLeaks suspect is being punished through 'degradation' and 'humiliation'
The harsh conditions forced upon Bradley Manning in military detention have been laid out in detail as part of a court filing in which the US army is accused of a "flagrant violation" of his right not to be punished prior to trial.

The Article 13 motion, published Friday by Manning's civilian lawyer David Coombs on his website, claims that Manning, who is accused of leaking state secrets to WikiLeaks, was held in a 6x8 ft cell for 23 to 24 hours a day. In addition, when not sleeping, Manning was banned from lying down, or even using a wall to support him.

The motion also claims that Manning was punished through "degradation and humiliation", notably by forcing him to stand outside his cell naked during a morning inspection. This, his Coombs claims, was "retaliatory punishment" for speaking out over his treatment.

Manning, 24, is accused of being behind the biggest leak of state secrets in US history. Hundreds of thousands of diplomatic cables from US embassies around the world, as well as war logs from Afghanistan and Iraq, were published by the whistleblowing website WikiLeaks.

The information was provided by Manning from his military base near Baghdad, army prosecutors have claimed. They have indicted Manning on 22 counts, including charges of aiding the enemy - charges that carry a maximum penalty of death, although prosecutors have indicated that they will not seek capital punishment.

Coombs is attempting to get all charges dismissed on the grounds that he was subjected to illegal pre-trial treatment - in violation of the constitutional prohibition of cruel and unusual punishment. The claim relates to the nine months that Manning spent after being transferred to the Quantico marine base in Virginia following his arrest in May 2010.

"Manning was awoken at 0500 hours and required to remain awake in his cell from 0500 to 2200 hours," Coombs claims in the motion, adding that he "was not permitted to lie down on his rack during the duty day. Nor was Manning permitted to lean his back against the cell wall; he had to sit upright on his rack without any back support".

The motion further states that Manning was only allowed 20 minutes of "sunshine call" a day. In addition, he was permitted by guards to take no more than five minutes in the shower. On the rare occasions that he was allowed out of his cell, Manning was forced to wear shackles with metal hand and leg restraints. At least two guards accompanied him at all times.

Manning was handed a pair of running shoes without laces for his trips outside, but they would fall off when he attempted to walk. As a result he "elected to wear boots instead", the document alleges.

The conditions were imposed, the US military has claimed, for Manning's own protection under a so-called "prevention of injury" order, or POI. But Manning's lawyer says there is clear evidence showing that the conditions were not imposed because of a risk of self-harm, and were instead used as a form of punishment. "The Brig's arbitrary policy to keep Manning subject to the harshest conditions possible shows an intent to punish Manning," the document says.

Coombs cites an incident in which Manning was forced to strip for an inspection after he remonstrated over his treatment at the detention centre. "It is well established that forced nudity is a classic humiliation technique. The only permissible inference is that the Brig intended to punish Manning by subjecting him to humiliating treatment because Manning correctly pointed out the absurdity of his POI status," it is claimed.

Manning was eventually transferred from Quantico before his pre-trial hearings. His time at Quantico was later condemned by Juan Mendez, the UN's special rapporteur on torture. A 14-month investigation by Mendez concluded that Manning had been subjected to cruel and inhuman conditions.

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.

HER NAME IS BREANNA MANNING!!!!!!!!!!!! 13.Aug.2012 08:52

anti-transphobia

I can't believe i'm still seeing the constant and incessant misgendering, mispronouning, and disrespect of Breanna's wish to be addressed by her name. We need to respect her gender identity and she has opening stated this request. Fuck all of you fucking transphobic douche bags who keep incorrectly addressing her. Google the proof of her statements about being openly trans. fuckkkkkkkkkkkkkkkkkkaslkarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrghhhh im so mad at you..........indymedia wtf....world wtf...............fuck everyoneeeeeeeeeeeeeeeeeeeeeeeeeee. seriously some transphobic shit and I hate that i have to argue with most of her supporters about this....y'all are supposedly supporting her yet cannot even respect her gender identity, pronouns, and name. FUCK YOU. FUCK YOU. FUCK YOU.

Jesus... 13.Aug.2012 10:33

The Guardian

It's not hate you idiot, it's the fact that there are more pertinent matters at hand. Yes, it's dismissive, and it should be ammended, but for fucks sake, if you read about the amount of pain she's enduring at the moment, and all you have to say is this, I mean, seriously. Come on. It's not hate, it's the fact that mainstream news isn't reporting on it and we're taking our cues from our culture. I re-posted this from the Guardian, and if I had written it or been able to find something that acknowledges Breanna Mannings true identity, I would have. But don't tell me that I did this out of hate so much as laziness. Damaging as well, but nowhere near hate. Get a fucking grip.

Shut The Fuck Up 13.Aug.2012 10:46

anti rude assholes

He has never, ever asked to be called by anything other than Bradley. You need to check your smart ass bullshit at the door and shut the fuck up.

and again 13.Aug.2012 11:09

The Guardian

That's not true actually, as far as I've read yes he has. His dream, and from what I've read of accounts of what he's said is that his biggest burden in this life, at this moment, with all the bullshit and all the suffering that the Barack Obama run United States government is making this poor individual suffer through, is that he is a woman and wants to be acknowledged as such. I'm not defending calling him Bradley, but to call me a hate monger is a little far reaching, especially seeing as until two weeks ago, I was in a relationship with someone who's trans-gender. It's an issue that I have always taken very seriously my entire life, and I should have gone through and edited the Bradleys, or put a note quoting Bradleys dissatisfaction at the portrayal of his identity in the media. But don't call me a fucking hate monger.

lol 13.Aug.2012 20:32

just like anti-transphobia said...

arguing with her supporters because they are transphobic....it's not a small thing.no.a.small.thing.

 link to globalcomment.com

check your fucking shit. and then fuck off.

lolz 13.Aug.2012 20:35

fuck you gaurdian

you just misgendered her and used the wrong pronoun in your second comment........



...oh but your a good supporter and ally right. hey, fuck you.

die cis scum.

this is why the left is useless. 14.Aug.2012 09:54

Clyde

Someone posts about supporting a political prisoner, and you all disintegrate into an argument about gender identity and trans-phobia, your various "isms" and raise the flag of your particular niche issue that you happen to feel strongly about.

Give this enough time and vegans will be involved, arguing about chemtrails with code pink.

This is such a joke.

basically.... 14.Aug.2012 23:59

fuck you clyde

yeah, fuck you.

sure thing 16.Aug.2012 09:40

Clyde

But if you look at the comments here, you'll see my point is quite well proven. Conversation about Bradley Manning has slowed to a halt after the onslaught of the politically correct gender police. Good work everyone. I am sure Bradley/Breanna is very grateful for your "support"

Next time we have a good thread about gathering against police brutality and someone uses the term "pig", watch as it devolves into inaction as hordes of vegans clog up the debate, claiming we are being "speciest". It happens. It really happens, and the police probably laugh their asses off as the possible protest gets derailed by total idiocy.

Three Videos from the Solidarity Action in Portland on 8-15-12 16.Aug.2012 17:29

Ben Waiting Report Back

clyde dont just look at the "comments" ...i looked around the Portland area today and seen about 4 recruiters office Shut Down - by Activists standing in Solidarity w/ Bradley.

From what i hear the popo was thick on all the actions / protesters

The military offices were closed and Bradley Manning was not forgotten

 http://www.facebook.com/events/326865327404878/

Video - 5 arrested at Obamas Campaign Headquaters in Portland - Free Bradley 17.Aug.2012 06:57

Ben Waiting

 http://youtu.be/qfXoQ3xQQxg
// THANKS JESSE //
This Video was Livestreamed by Ustream cameraman "Jessehadden" on 8.16.17
I recorded it off the internet
It is of the arrests of the five supporters of Bradley Manning, who went into the Obama Campaign headquarters to demand the release of Private Bradley Manning.