Reply #41: More:

[_ed_]

"A case that is similar on facts to that of PFC Manning’s is United States v. Avila. 53 M.J. 99 (C.A.A.F. 2000). In Avila, a servicemember raised an Article 13 motion alleging illegal pretrial punishment based upon his pretrial confinement. During the servicemember’s pretrial confinement, by brig policy and based solely on the serious nature of his pending charges, the servicemember was housed in a windowless cell; not allowed to communicate with other pretrial confinees; given only one hour of daily recreation; made to wear shackles outside of his cell, and only allowed to see visitors separated by a window. The CAAF agreed with the lower court’s holding that the brig policy of assigning all pretrial confinees facing a possible sentence of five or more years to maximum (solitary) confinement was unreasonable. The court ordered an additional 140 days of pretrial confinement credit due to the violation of Article 13."