This week, the new brig commander, Chief Warrant Officer 2 Denise Barnes, will decide whether the punitive psychiatric evaluation of Manning ordered by the previous brig commander, James Averhart, will continue or not. Manning is being held in “special quarters” as a result of this status. Manning’s attorney, Iraq veteran Lt. Col David Coomb, cited SECNAVINST 1640.9C in
recent statement on Manning’s status. It reads: “Special quarters are not a punitive measure and shall not be used as such. Prisoners must be made aware of the reason they are berthed in special quarters.”
Neither Manning nor Coombs has received an explanation as to why Manning is being held in Special Quarters. In his press conference last week, Department of Defense spokesman Geoff Morrill indicated it was due to the threat Manning posed to national security. However, according to people familiar with military law, placing Manning in MAX custody solely under the basis of the charge would be a violation of Article 13. They indicate Court of Appeals for the Armed Forces has stated that a confinement facility must point to more than just the nature of the allegation.
Punitive psychiatry for political ends was systematic in the Soviet Union from the 1960s to the 1980s, according to
the British Medial Association.
“In a monolith state, psychiatry can be used to bypass normal legal procedures for assessing guilt or innocence and allow political imprisonment without the usual odium attached to such political trials.”
Brig Commander Averhart’s decision to hold Manning under Protection of Injury Watch and MAX custody was made
against the advice of three brig psychiatrists, who have recommended that Manning be moved to Medium Detention In (MDI) and without POI watch restrictions. Contrary to
the assertion of Department of Defense Spokesman Geoff Morrell, Manning is the only detainee at the Quantico Brig being held under POI watch/MAX custody.
On January 9 2011 Manning’s lawyer, Iraq veteran Lt. Col. David Coombs
filed a demand for a speedy trial with the Government. Since July 12 2010, according to Coombs, the case has been on Government-requested executable delay which was approved by the court-martial convening authority. Coombs indicates that “the case is currently awaiting the start of a Rule for Courts-Martial (R.C.M) 706 Board. This board will likely begin its work in February.”
Manning has now been in pretrial confinement since May 29, 2010.