Article 138 Complaint, Re: PFC Manning

[WillyT]

Filed by Manning's attorney, David E. Coombs


Lieutenant Colonel David Coombs
(photo taken while on active duty in Iraq)

Article 138 Complaint
21 january 2011

<snip>

On Wednesday January 19, 2011, the defense filed an Article 138 complaint with the Quantico base commander, Colonel Daniel Choike. The Article 138 complaint is a complaint filed under the Uniform Code of Military Justice to address a perceived wrong against a soldier by his command. The defense asserts that the action of holding PFC Manning in Maximum (MAX) custody, under Prevention of Injury (POI) watch for over five months and recently placing him under suicide risk was an abuse of CWO4 James Averhart’s discretion, and a wrong within the meaning of Article 138, UCMJ. As redress, the defense has requested that Colonel Choike order PFC Manning’s removal from suicide risk and POI watch and that he order the reduction of PFC Manning classification level from MAX to MDI.

By way of background, PFC Manning was transferred to the Quantico Brig on July 29, 2010. Upon his arrival, he was placed in MAX custody and under suicide risk. On August 6, 2010, the forensic psychiatrist for the Brig recommended that he be moved from suicide risk to POI watch. That recommendation was followed and PFC Manning was moved to POI watch. Due to his improvement and adjustment to confinement, on August 27, 2010, the Brig’s forensic psychiatrist recommended that PFC Manning be taken off of POI watch and that his confinement classification be changed from MAX to Medium Custody In (MDI).

Over the course of the following three months, two separate forensic psychiatrists consistently stated that there was no medical reason for PFC Manning to be under POI watch. The only exception to this was on December 10, 2010 when it was recommended that PFC Manning remain under POI watch for one week. The following week, the forensic psychiatrist once again recommended that PFC Manning be removed from POI watch. Despite these consistent recommendations, PFC Manning has remained on POI watch and in MAX custody.

On January 18, 2011, over the recommendation of two forensic psychiatrists, the commander of the Quantico Brig, CWO4 Averhart, placed PFC Manning under suicide risk. The suicide risk assignment meant that PFC Manning was required to remain in his cell for 24 hours a day. He was stripped of all clothing with the exception of his underwear. His prescription eyeglasses were taken away from him. He was forced to sit in essential blindness with the exception of the times that he was reading or given limited television privileges. During those times, his glasses were returned to him. Additionally, there was always a guard sitting outside of his cell watching him.

<snip>

More: http://www.armycourtmartialdefense.info/2011/01/article-138-complaint.html

:kick:

[elias49]

1. What kind of people can condone

treating a human being like some kind of animal?
The human race has a malingering savagery.

[Luminous Animal]

2. It is official U.S. policy. We've been torturing our prisoners in Supermax prisons

for decades.

[Hydra]

3. as LA says above, Welcome to America

not new, not different, but never ceases to disappoint.

[jwirr]

4. Our corporate world has condoned torture of non-Americans and

it is not so hard to see that they are now opening the gate to citizens. Globalization is breaking down nationhood and in that is the idea of the citizen. What hurts the multinational corporation is not protected by any national security any longer.

[Name removed]

5. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[WillyT]

6. Kick !!!

:kick:

[Catherina]

7. Only automats with no conscience would deny the 138 complaint. Rec'd n/t

[WillyT]

8. It Would Suggest That Something Is Very Very Wrong Here...

While confirming some of our worst suspicions.

:shrug: