From the beginning of his detention, Manning has been held in intensive solitary confinement. For 23 out of 24 hours every day — for seven straight months and counting — he sits completely alone in his cell. Even inside his cell, his activities are heavily restricted; he’s barred even from exercising and is under constant surveillance to enforce those restrictions. For reasons that appear completely punitive, he’s being denied many of the most basic attributes of civilized imprisonment, including even a pillow or sheets for his bed (he is not and never has been on suicide watch). For the one hour per day when he is freed from this isolation, he is barred from accessing any news or current events programs. Lt. Villiard protested that the conditions are not “like jail movies where someone gets thrown into the hole,” but confirmed that he is in solitary confinement, entirely alone in his cell except for the one hour per day he is taken out.
In sum, Manning has been subjected for many months without pause to inhumane, personality-erasing, soul-destroying, insanity-inducing conditions of isolation similar to those perfected at America’s Supermax prison in Florence, Colorado: all without so much as having been convicted of anything. And as is true of many prisoners subjected to warped treatment of this sort, the brig’s medical personnel now administer regular doses of anti-depressants to Manning to prevent his brain from snapping from the effects of this isolation.
Just by itself, the type of prolonged solitary confinement to which Manning has been subjected for many months is widely viewed around the world as highly injurious, inhumane, punitive, and arguably even a form of torture. In his widely praised March, 2009 New Yorker article — entitled “Is Long-Term Solitary Confinement Torture?” — the surgeon and journalist Atul Gawande assembled expert opinion and personal anecdotes to demonstrate that, as he put it, “all human beings experience isolation as torture.” By itself, prolonged solitary confinement routinely destroys a person’s mind and drives them into insanity. A March, 2010 article in The Journal of the American Academy of Psychiatry and the Law explains that “solitary confinement is recognized as difficult to withstand; indeed, psychological stressors such as isolation can be as clinically distressing as physical torture.”
...
In 2006, a bipartisan National Commission on America’s Prisons was created and it called for the elimination of prolonged solitary confinement. Its Report documented that conditions whereby “prisoners end up locked in their cells 23 hours a day, every day. . . is so severe that people end up completely isolated, living in what can only be described as torturous conditions.” The Report documented numerous psychiatric studies of individuals held in prolonged isolation which demonstrate “a constellation of symptoms that includes overwhelming anxiety, confusion and hallucination, and sudden violent and self-destructive outbursts.” The above-referenced article from the Journal of the American Academy of Psychiatry and the Law states: ”Psychological effects can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, obsessive thoughts, paranoia, and psychosis.”
When one exacerbates the harms of prolonged isolation with the other deprivations to which Manning is being subjected, long-term psychiatric and even physical impairment is likely. Gawande documents that “EEG studies going back to the nineteen-sixties have shown diffuse slowing of brain waves in prisoners after a week or more of solitary confinement.” Medical tests conducted in 1992 on Yugoslavian prisoners subjected to an average of six months of isolation — roughly the amount to which Manning has now been subjected — “revealed brain abnormalities months afterward; the most severe were found in prisoners who had endured either head trauma sufficient to render them unconscious or, yes, solitary confinement. Without sustained social interaction, the human brain may become as impaired as one that has incurred a traumatic injury.” Gawande’s article is filled with horrifying stories of individuals subjected to isolation similar to or even less enduring than Manning’s who have succumbed to extreme long-term psychological breakdown.
When asked to explain in court this week why nine months of maximum custody was necessary, his jailers gave varying answers akin to what would be expected for such strict handling: He could have harmed himself; he could have been harmed by others; he wasn’t mentally sound. Upon cross-examination, though, other information was unearthed revealing that the egregious conditions could easily be viewed as imputative, not imperative.
In multiple instances, the Quantico guards admitted that they subjected Manning to harsh treatment because the very antics he used to amuse himself in his cage were giving them cause for concern.
“His erratic behavior” was reason for putting him in protected watch, said Col. Dan Choike, the brig commander at the base
“His acting out, playing pee-a-boo, licking the bars on the cell itself. Different dancing. Erratic dancing.”
“Erratic dancing?” asked Coombs.
In another example, Marine Corps Gunnery Sgt. William Fuller cited Manning’s “little interest in discussion" as a reason to him as POI. Col. Choike, the brig chief, had similar rationale.
He was “withdrawn, depressed,” Col. Choike said of Pfc. Manning.
On August 21, 2013, a US court martial at Fort Meade, Maryland, imposed a 35-year-sentence on Pfc. Bradley Manning.
“The aggressive prosecution and harsh sentencing of Manning not only contrasts sharply with the total impunity of former senior US officials for torture and related abuses, but also far exceeds the sentences most democratic countries impose for public leaks of sensitive information,” said Dinah PoKempner, general counsel at Human Rights Watch.
...
The only other case in which a soldier has been prosecuted for indirectly aiding the enemy was in 1863, against a Civil War private who was sentenced to three months’ hard labor for giving a military roster to a newspaper, which printed it. The court declined to dismiss the charge on July 18, for lack of evidence once the government had presented its case, but apparently found the government failed to establish the charge beyond a reasonable doubt. This result, while positive, still leaves a threat of prosecution alive for those who leak information to the media without any actual intent to aid the enemy.
Manning’s trial points to the urgent need for reform in the laws the US has used to prosecute those who leak information to the public, as well as the need for stronger protections for national security whistleblowers.
Prosecutor Major Ashden Fein described Manning as an “anarchist” who took an ego-boost from revealing classified documents — “making a splash.” Fein described Manning as a “traitor,” who leaked so much material that “there is no way he even knew what he was giving WikiLeaks.”
In contrast, defense attorney David Coombs reminded the court that Manning was just 22 when he committed the offenses. He was “young, naïve, but good-intentioned.” He’d thought the public needed to see what he’d seen; that if people knew the war he knew, they’d be unable to support it — or even any war. Manning, Coombs emphasized, was an idealist acting in the public interest.
Whatever she thinks of Manning’s motivations, Lind limited discussion of them during the court-martial. (She also has not made public the legal reasoning behind her verdict.) In the sentencing phase, though, Manning’s motives and life experience became central to his defense. The prosecution, meanwhile, attempted to define the harm caused by his leaks.