Tag Archives: monitoring order

Quantico: We Still Need the Full Facts

Bradley Manning was moved from the Quantico marine brig at the end of April after many months spent in a particularly severe form of solitary confinement. That his conditions have now improved does not in any way reduce the need for the breaches of his rights that occurred at Quantico to be investigated and for appropriate redress to be made.

Last month the US Navy provided its formal response to the charge that Bradley was put under suicide watch for inappropriate reasons back in January. Despite the fact that the then Commander of the Quantico brig, James Averhart was removed from his post as soon as information about what had happened came to light, Juan M. Garcia, Assistant Secretary of the Navy, decided that Averhart had not “exceeded his authority” in the way he dealt with the case. As both the fact of Averhart’s departure and the confused, panicked way in which it was effected are highly suggestive of wrongdoing being discovered and hurriedly acted upon, this decision was a little surprising.

Today, Politico have revealed details of an internal Quantico review from February. It is worth noting that Politico have met with considerable obstruction on the part of the Marine corps in their attempts to access this report; indeed, their first two Freedom of Information Act requests were rejected, and the subject of two successful appeals to Navy officials to have those requests reinstated.

The information that Quantico have been keen to keep hidden is that, in his report dated 23 February, Chief Warrant Officer Abel Galaviz found that Averhart and his colleagues had broken Navy rules by not removing Bradley from suicide watch status “immediately” when a medical officer recommended this course of action:

“Once the medical officer’s evaluation was provided to brig staff, steps should have been taken to immediately remove him [Bradley Manning] from suicide risk, to a status below that”

Galaviz’s report mentions two separate periods in which Bradley was not removed from suicide watch quickly enough: in January 2011, it took three days for Quantico to implement a medical recommendation and in August 2010 Bradley spent a full five days under unnecessary suicide watch. This means that, in both cases, medical personnel advised almost immediately that putting Bradley Manning under suicide watch was not appropriate.

Colonel Daniel Choike rejected these findings in his response of 1 March 2011, only to advise that, as soon as it was announced that Bradley was leaving Quantico, on reflection the brig should in fact update its procedures so that such incidents do not happen in future:

“If a medical officer determines that a detainee is no longer considered a suicide risk, that finding is binding on the PCF staff and the detainee shall be removed from suicide risk.”

This week, UN Special Rapporteur on Torture Juan Mendéz issued a second rebuke to the US Government for not allowing him to have an unmonitored meeting with Bradley Manning, as customary rules would warrant:

“… I need to ascertain whether the conditions he [Bradley Manning] was subjected to for several months in Quantico amounted to torture or cruel, inhuman or degrading treatment or punishment. For that, it is imperative that I talk to Mr. Manning under conditions where I can be assured that he is being absolutely candid.”

It is now abundantly clear that the US Navy is not capable of reviewing the actions of its own personnel and submitting to public oversight, even where those actions have generated wide concern at home, abroad and within the US administration itself.  In light of this domestic failure, Juan Mendéz must now be allowed the access he needs to carry out his investigation into Bradley’s treatment, which includes full and confidential access to Bradley himself, without delay.

Update

The Bradley Manning Support Network have issued a press release, which includes the following statements:

“The memos revealed today by Politico confirm that military officials repeatedly violated their own standards of detainee treatment while PFC Manning was held in abusive pre-trial confinement conditions at the Quantico brig.  Commander Averhart should never have been put in a position to reject the military’s investigation into his own unprofessional conduct,” said Kevin Zeese, an attorney with the Bradley Manning Support Network.  “Justice demands that the charges against PFC Manning be dropped, because the government has acknowledged that they have abused the rights of a soldier in their custody.”
“President Obama can no longer hide behind his subordinates in claiming that the treatment of PFC Manning has met ‘basic standards’ of conduct,” added Jeff Paterson, a co-founder of the Bradley Manning Support Network.  “Clearly, by the government’s own admission, the treatment of PFC Manning has fallen far short of the standards demanded by the Constitution.”
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Bradley Manning no longer in solitary confinement – but it doesn’t end here

As of Friday morning, Kansas time, Bradley Manning will no longer be in solitary confinement, no longer under a Prevention of Injury Order and no longer under the kind of conditions that have made the Obama Administration the subject of widespread condemnation from around the world. The formal announcement was made at the end of a press tour of the Fort Leavenworth pre-trial facility yesterday evening.

According to Associated Press, Bradley will now be housed with other military inmates awaiting trial – in his own cell, but with access to a communal area- and will have the opportunity to associate with others during three hours of daily recreation time. He will now be able to make telephone calls and freely receive letters (once they have been inspected) for the first time since his arrest, almost a year ago – subject to a restriction of having only twenty items of correspondence in his cell at any one time. Some footage of where Bradley is to be housed may be viewed here. All of this is, in the main, clearly good news.

Nevertheless, we should be aware that what we are celebrating here is the move of a prisoner awaiting trial – a prisoner who has now been awaiting trial for almost a year, itself problematic – into conditions that befit an ostensibly civilised country. In passing Bradley at his initial assessment, Fort Leavenworth have implicitly accepted that the Quantico authorities were wrong in keeping Bradley under a Prevention of Injury Order for ten months, against the repeated recommendation of military psychiatrists, that James Averhart was wrong in putting Bradley on suicide watch (well, we knew that one already) and that Denise Barnes was wrong in stripping Bradley of his clothes and his dignity.

Bradley is not a suicide risk. If he were, he would not now be being housed with other prisoners. What happened to Bradley at Quantico was and continues to be an outrage against universally accepted minimum standards and common human decency. Redress simply must be sought for this in due course and we will continue to press for this to happen. It continues to be absolutely key that independent authorities such as UN Special Rapporteur Juan Mendez be allowed confidential access to Bradley so that he may talk freely about what he was forced to endure for those ten months. We have had no indication that the restrictions imposed under Bradley’s Monitoring Order have been lifted.

Do not be under any illusions that the US military have now decided to treat Bradley in civilised fashion out of the kindness of their hearts: they will have done this because this campaign – and its sister campaigns internationally – have made it absolutely impossible for them to do otherwise. We have taken the treatment of Bradley Manning to the highest level in at least three countries and publicised his plight to the extent that he is now the subject of wide popular support internationally. All of this has, clearly, made an enormous difference and is testament to the ability of those with valid concerns to provide effective oversight to the illegitimate use of government authority.

We must now turn our attention to the wider legal process and what is likely to happen to Bradley at trial. Subpoenas citing the controversial US Espionage Act have been issued this week, an ominous move that should remind us all that this stage of the process is drawing ever nearer. We have concerns about how any trial is likely to be conducted. We have already seen Barack Obama pre-judging Bradley’s guilt and this “unlawful command influence” seems likely to become an issue when this case comes before a judge. It is also important that any trial takes place in the full light of public scrutiny. More now than ever, justice must not only be done in this case, it must also be seen to be done.

Now that it has been confirmed that Bradley Manning may receive correspondence – albeit that he’s only allowed to hold on to 20 letters at any one time – you may like to take the opportunity to write to him. His address at Fort Leavenworth is the following:

Bradley Manning 89289
JRCF
830 Sabalu Road
Fort Leavenworth, KS 66027-2315
USA

Update

Further details on Bradley’s conditions at Fort Leavenworth from National Catholic Reporter. Note the careful phrasing that indicates that Bradley Manning’s Monitoring Order, which prevents him from speaking to anyone other than his lawyer in monitored conditions in which he may incriminate himself, may well still be in place:

The commandant of the Fort Leavenworth facility, Lt. Col. Dawn Hilton, said the suspected Army private’s new classification — which “starts tomorrow morning” — allows Manning to receive Army inspected mail freely, make phone calls, and meet with preapproved visitors.

Prisoners at the facility are housed separately depending on whether they have or haven’t faced trial. There are currently ten “pre-trial” prisoners at the facility, said Hilton. Each are placed in individual 80 square foot cells and are connected by a shared common room to three other cells.

During the tour of the six-month-old facility, members of the press were able to see its indoor recreation center, work rooms, outside recreation area, medical facilities, and an empty cell block which Army officials said was similar to the one where Manning is housed.

Each of the cells contained a metallic toilet and sink, along with a bed and metal seat attached to the wall. There was a light switch on the wall inside the cell. Army officials said the space gives the prisoner 35 square feet of “unencumbered space” which can be used for exercise, including jogging in place.

Medium custody prisoners are afforded three hours of recreation each day, one hour of which is outdoors, Hilton said. They also have allotted time each day to use a recreational library. No internet use is allowed by inmates.

The indoor recreation facility was housed inside a large, gym-like structure with six basketball hoops and about a dozen stationary exercise machines. The outdoor area, located on the north side of the complex, was about a football field long, with an open grass field, two basketball courts, and more exercise equipment.

Hilton said prisoners’ visitors must be approved by the facility. While visits by journalists are forbidden, visits from nongovermental organizations such as Amnesty International are decided “on a case by case basis.” Prisoners are allowed to have up to five visitors at one time.

Update II

As was widely expected, Bradley Manning has been found fit to stand trial.

Update III

In the wake of David Coombs’ confirmation that Bradley’s conditions have indeed changed, the Bradley Manning Support Network have issued a press release making clear the contribution of the campaign in getting this done. The Guardian have picked up the story today and they make due note of the British dimension.

Bradley Manning is leaving Quantico – but does this really change anything?

News broke last night (Tuesday) of Bradley Manning’s “imminent” move from the Quantico marine brig to a new pre-trial facility at Fort Leavenworth in Kansas.

The Department of Defense held a press conference at 5.30pm their time on Tuesday, putting forward their reasoning for moving Bradley and for doing so at this particular time. The transcript and video of the press conference are available to view in full, but here’s a short clip:

Jeh Johnson, General Counsel at the Department of Defense here argues that, due to Bradley having now given the personal interview required for his mental competency (706 Board) hearing, his “presence in the Washington DC area is no longer necessary for that purpose,” notwithstanding that the review is still ongoing and may not report for a while yet. He went on to say the following:

Many will be tempted to interpret today’s action as a criticism of the pre-trial facility at Quantico. That is not the case. We remain satisfied that Private Manning’s pre-trial confinement at Quantico was in compliance with legal and regulatory standards in all respects, and we salute the military personnel there for the job they did in difficult circumstances.

At this juncture of the case, given the likely continued period of pre-trial confinement, we have determined that the new pre-trial facility at Fort Leavenworth is the most appropriate one for Private Manning going forward.

That the conditions Bradley has been experiencing have been up until now have been “in compliance with legal and regulatory standards” is, obviously, highly questionable. Moreover, as P.J Crowley has remarked on twitter this afternoon, these remarks could very well be interpreted as an admission that mistakes had been made in keeping Bradley at Quantico for such an extended period. An unnamed military official has been even more candid (“The marines blew it.”)

Other revealing points from the full press conference included:

  • Army Secretary Joseph Westphalcommenting that the detention facility at Fort Leavenworth was a “medium security” one, which offered many resources – but there was no assurance that Bradley Manning would be transferred to a medium security regime from the maximum security plus prevention of injury order he suffers under currently, or that he would be granted access to any of those resources. Should Bradley’s regime continue as it is at present, he would likely be housed in the special confinement unit of the pre-trial facility, which has been described to me as follows:

    These cells are even worse than where Bradley is now, in that the room Bradley will be confined in for 23 hours will have a solid door with only a thin horizontal slot through which meals and mail can be slid through, and a panel at the bottom of the door that guards can open to chain his ankles together before he leaves the cell. Instead of guards constantly watching him through bars, he will have security cameras in his cell. He will have a glass pane for outside light, but not be able to see out or talk to anyone. The isolation is going to be even crueler, if that’s possible.

    While the DoD may say that Brad will be eating in a common area and get to go outside for up to 3 hours of exercise, this is in reality a privilege granted to inmates who are “good prisoners” after they get there, and Brad has been denied every single privilege available to him no matter how well he behaves.

    The likeliness of this eventuality may be indicated by the fact that Army Press updated the special housing unit web page on Monday, in advance of the press conference in which Bradley’s move was officially announced.

  • Jeh Johnson, drawing on his experience of federal trials remarking that, when Bradley does return to Washington to face trial (which he must to as he remains under the jurisdiction of the military authorities there) his trial may very well prove to me “a multi-month if not multi-year experience.”
  • Lt. Col. Dawn Hilton, the Commander of the pre-trial facility at Fort Leavenworth, admitting that any changes to the conditions of Bradley’s confinement would be “based upon the initial assessment when he comes into the facility and environment and how he assimilates into the environment.”

Finally – and intriguingly for those who have been watching the UK campaign closely – when asked about the timing of the decision to move Bradley Manning, Jeh Johnson admitted that “We began to look at this a couple of weeks ago.” This dovetails almost exactly with the timing of Ann Clwyd’s adjournment debate of the evening of Monday 4th April, when it was promised that a senior official at the British Embassy in Washington would be making a second diplomatic protest to their counterpart at the US State Department, this time with the background of an official recognition that Bradley Manning is a British citizen by descent.

As reported here earlier today, Ann Clwyd has said that “I am pleased that the campaign to draw attention to the appalling detention treatment of Bradley Manning appears to be having some results, in that he is to be moved to another prison which the US Department of Defense claims will provide better conditions.” We agree with Ann that any indication of better conditions is, at the moment, purely based on the words of the Department of Defense – and, as discussed above, they were careful not to promise that Bradley Manning’s status as a maximum security prisoner under a prevention of injury order will change.

Given that Department of Defence statements on how Bradley Manning is being treated have not been conspicuously reliable in the past (how shall I count the ways? Let’s start with this, this, this and this – not to mention this), we believe that the onus is firmly on the DOD to demonstrate in due course that Bradley’s treatment has improved so that it meets internationally accepted minimum standards. Lifting the Monitoring Order that prevents respected authorities from visiting Bradley in conditions of confidentiality would probably be a good way of achieving this in the first instance and would do much to demonstrate that the DOD is serious about being seen to treat Bradley Manning in a civilised fashion.

(big thanks to Michelle Tackabery for all the background information on Fort Leavenworth)

Update I

Press releases have been issued by Dennis Kucinich and the Bradley Manning Support Network. The latter makes the important point that the move to Kansas places Bradley at some distance from his legal counsel and much of the US side of his family. However, if the Pentagon reckoned that the move would prevent high-profile protests like that seen at Quantico a month ago happening again, they will disappointed: local activists are getting organised and a demonstration is already being planned for 4th June.

Update II

The always-instructive Chirpinator has compiled a selection of Tuesday night’s reaction to the announcement of Bradley’s move on twitter.

Update III

Bradley Manning is now at Fort Leavenworth. His family have welcomed the move with Bradley’s aunt Sharon expressing the view that the ongoing campaign was responsible for these latest developments.

Update IV

Good to see that Amnesty feel similarly to us:

“We believe sustained public pressure for the US government to uphold human rights in Bradley Manning’s case has contributed to this move” said Susan Lee, Amnesty International’s director for the Americas.

“We hope Bradley Manning’s conditions will significantly improve at Fort Leavenworth, but we will be watching how he is treated very closely. His conditions at Quantico have been a breach of international standards for humane treatment of an untried prisoner.”

The organisation will be monitoring the conditions under which Bradley Manning is confined at Fort Leavenworth following the risk assessment Manning will undergo upon arrival there, which could last up to a week.

“Until this assessment, it is still not possible to know how Bradley Manning is going to be treated, and what restrictions he will be under at the new detention centre,” said Susan Lee.

“Bradley Manning is entitled to be treated humanely and, as an unconvicted prisoner, to the presumption of innocence and to be held under the least restrictive detention conditions possible.”

As does Dennis Kucinich on the reliability of DOD statements:

“Frankly, I don’t believe anything they say when it comes to Bradley Manning.”

Complete footage of Kucunich’s Wednesday interview with MSNBC may be viewed at firedoglake.