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(1) On 18 January 2011, over the recommendation of Capt. Hocter and the defense forensic psychiatrist, Capt. Moore, CWO4 Averhart placed me under Suicide Risk. The Suicide Risk assignment resulted in me being required to remain in my cell for 24 hours a day. I was stripped of all clothing with the exception of my underwear. My prescription eyeglasses were taken away from me and I was forced to sit in essential blindness.
(2) The basis for the above treatment was due to my alleged erratic behavior on 18 January 2011. On that date, I was pulled out of my cell for my one hour of recreation call. When the guards came to my cell I noticed a change in their usual demeanor. Instead of being calm and respectful, they seemed agitated and confrontational. Also, instead of the usual two to three guards, there were four guards. Almost immediately, the guards started harassing me. The first guard told me to 'turn left.' When I complied, the second guard yelled 'dont turn left.' When I attempted to comply with the demands of the second guard, I was told by the first, 'I said turn left.' I responded 'yes, Corporal' to the first guard. At this point, the third guard chimed in by telling me that 'in the Marines we reply with 'aye' and not 'yes.' He then asked me if I understood. I made the mistake of replying 'yes, Sergeant.' At this point the forth guard yelled, 'you mean 'aye,' Sergeant.'
(3) The harassment by the guards continued as I was escorted to my one hour of recreation. When I arrived at the recreation room, I was told to stand still so they could remove my leg restraints. As I stood still, one of the guards yelled 'I told you to stand still.' I replied 'yes Corporal, I am standing still.' Another guard then said, 'you mean 'aye' Corporal.' Next, the same guard said 'I thought we covered this, you say 'aye' and not 'yes,' do you understand?' I responded 'aye Sergeant.' Right after I replied, I was once again yelled at to 'stand still.' Due to being yelled at and the intensity of the guards, I mistakenly replied, 'yes Corporal, I am standing still.' As soon as I said this, I attempted to correct myself by saying 'aye' instead of 'yes,' but it was too late. One of the guards starting yelling at me again, 'what dont you understand' and 'are we going to have a problem?'
(4) Once the leg restraints were taken off of me, I took a step back from the guards. My heart was pounding in my chest, and I could feel myself getting dizzy. I sat down to avoid falling. When I did this, the guards took a step towards me. I instinctively backed away from them. As soon as I backed away, I could tell by their faces that they were getting ready to restrain me. I immediately put my hands up in the air, and said 'I am not doing anything, I am just trying to follow your orders.' The guards then told me to start walking. I complied with their order by saying 'eye' instead of 'yes.'
(5) I was allowed to complete my hour of recreation. During the hour, the guards did not harass me further. The guards also did not harass me when I was escorted back to my cell. Only later did I learn that there had been a protest outside the gates of Quantico the previous day. (See http://www.youtube.com/watch?v=x4eNzokgRIw).
The rally was intended to bring attention to the conditions of my confinement. It is my belief that my treatment on 18 January 2010 by the guards and later by the PCF Commander was related to this protest and my earlier complaints.
(6) After being returned to my cell, I started to read a book. About 30 minutes later, the PCF Commander, CWO4 James Averhart, came to my cell. He asked me what had happened during my recreation call. As I tried to explain to him what had occurred, CWO4 Averhart stopped me and said 'I am the commander' and that 'no one could tell him what to do.' He also said that he was, for all practical purposes, 'God.' I responded by saying 'you still have to follow Brig procedures.' I also said 'everyone has a boss that they have to answer to.' As soon as I said this, CWO4 Averhart ordered that I be placed in Suicide Risk Status.
(7) Admittedly, once I heard that I would be placed under Suicide Risk, I became upset. Out of frustration, I placed my hands to my head and clenched my hair with my fingers. I did yell 'why are you doing this to me?' I also yelled 'why am I being punished?' and 'I have done nothing wrong.' I then asked CWO4 Averhart 'what have I done to deserve this type of treatment?'
(8) CWO4 Averhart did not answer any of my questions. He instructed the guards to enter my cell and take all my clothing. At first I tried to reason with CWO4 Averhart by telling him that I had been a model detainee and by asking him to just tell me what he wanted me to do and that I would do it. However, I gave up trying to reason with him once the guards entered my cell and ordered me to strip. Instead, I lowered my head and starting taking off my clothes.
(9) CWO4 Averhart placed me on Suicide Risk, over the recommendation of Capt. Hocter and the defense forensic psychiatrist, Capt. Moore. His decision was also in violation of Secretary of Navy Instruction ('SECNAVINST') 1649.9C Paragraph 4205.5d. As a result of being placed on Suicide Risk, I was confined to my cell for 24 hours a day. I was also stripped of all clothing with the exception of my underwear. Additionally, my prescription eyeglasses were taken away from me. Due to not having my glasses, I was forced to sit in essential blindness during the day. I remained on Suicide Risk until 21 January 2010. The determination to place me on Suicide Risk was without justification and therefore constitutes unlawful pretrial punishment.
c. That the decision to strip me of all my clothing at night since 2 March 2011 was and continues to be improper.
(1) On March 2, I was informed of your decision regarding my Article 138 complaint. Understandably frustrated by this decision after enduring over seven months of unduly harsh confinement conditions, I asked the Brig Operations Officer, MSG Papakie, what I needed to do in order to be downgraded from Maximum Custody and POI Status. MSG Papakie responded by telling me that there was nothing I could do to downgrade my detainee status and that the Brig simply considered me a risk of self-harm. Out of frustration, I responded that the POI restrictions were absurd and sarcastically told him if I really wanted to harm myself, that I could conceivably do so with the elastic waistband of my underwear or with my flip-flops.
(2) Later that same day, I was approached by GYSGT Blenis. He asked me what I had done wrong. I told him that I did not know what he was talking about. He said that I would be stripped naked at night due to something that I had said to MSG [MARINES SECURITY GUARD] Papakie. Shocked, I told him that I hadn't said anything. I told GYSGT Blenis that I just pointed out the absurdity of my current confinement conditions.
(3) Without consulting any Brig mental health provider, Chief Warrant Officer Denise Barnes used my sarcastic comment as justification to increase the restrictions imposed upon me under the guise of being concerned that I was a suicide risk. I was not, however, placed under the designation of Suicide Risk. This is because Suicide Risk would have required a Brig mental health provider's recommendation in order for the added restrictions to continue. While the PCF Commander needed the Brig Psychiatrist's recommendation to keep me under Suicide Risk, no such recommendation was needed in order to increase my restrictions under POI Status. The conditions of POI Status require only psychiatric input, but ultimately remain the decision of the PCF Commander .
(4) In response to this specific incident, the Brig Psychiatrist [WHO IS THIS?] met with me. After speaking to me, he assessed me as a 'low risk and requiring only routine outpatient follow-up [with] no need for ... closer clinical observation.' In particular, he indicated that my statement about the waist band of my underwear was in no way prompted by 'a psychiatric condition.'
(5) Since 2 March 2011, I have been stripped of all my clothing at night. I have been told that the PCF Commander intends on contin |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
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