WikiLeaks trial
December 17, 2011
The pre-trial hearing against a US solder blamed for the largest leak of classified material in American history reconvened on Saturday for a second day. The defense team argued that Bradley Manning struggled with gender issues and emotional problems. His lawyers suggested that Manning was suffering from mental health problems while in Iraq and that he shouldn't have had access to classified documents given is emotional state.
Manning appeared in public for the first time on Friday for the first day of hearings where his lawyer, David Coombs, immediately went on the offensive, demanding that the presiding officer, Lt. Col. Paul Almanza withdraw from the case. Coombs argued that Almanza, an Army Reserve lieutenant colonel and Justice Department prosecutor, was biased because the Justice Department is also pursuing a case against WikiLeaks found Julian Assange.
Almanza rejected the request, saying he was not involved in any probe of WikiLeaks and that his government work is focused on child exploitation and obscenity.
Detention conditions
The allegations against Manning are serious. The then-22-year-old is accused of passing on hundreds of thousands of sensitive documents, including Iraq and Afghanistan war logs and State Department cables, and videos of US military airstrikes. The publication of these documents has been a diplomatic disaster for the US.
Even before his trial begins, the alleged whistle-blower has paid dearly. After his arrest in May 2010, he was held in solitary confinement for months. He had no access to news or contact with other prisoners and was only allowed to leave his cell for an hour a day. His lawyer said he was forced to spend some nights in his cell naked.
Amnesty International has described his treatment as inhumane. In April, two well-respected lawyers from the universities of Yale and Harvard sent an open letter to President Barack Obama echoing these concerns, saying the conditions in which Manning was being held were inhumane, immoral and illegal. More than 250 other lawyers from around the world backed up their criticisms.
Manning was later transferred to a military prison in the state of Kansas, where he did have contact with other prisoners and family members.
Hero or criminal?
The debate over Manning continues to divide the American people. While some politicians have called for him to be punished with the death penalty, others see him as a hero who should be acquitted. Internet campaigns to "free Bradley Manning" have hundreds of thousands of supporters worldwide.
Manning's supporters say the documents he allegedly leaked brought the world's attention to war crimes they say the US has committed.
Manfred Nowak, a former United Nations Special Rapporteur on torture and an international law professor at the University of Vienna, says the disclosure of evidence of possible war crimes committed by the US can be useful even if it violates military rules.
"Don't you have a certain moral obligation or maybe even an obligation under international law to make that evidence available?" asked Nowak, who is calling for an acquittal.
Death sentence unlikely
President Obama, however, and other officials have expressed their confidence that Manning is, in fact, guilty. But that doesn't mean Manning is likely to be sentenced to death, according to Nowak.
The death penalty would only be applicable if it could be proven that the publication of the documents led to the death of a soldier - an almost impossible task. According to Nowak, a long prison term is also unlikely.
On Friday, the defense's request to call Obama and Secretary of State Hillary Clinton as witnesses was rejected. According to Manning's lawyer, both would have been able to confirm that the publication of the documents caused far less damage than had been feared.
Despite this setback, at least one former whistle-blower thinks history will vindicate Manning. Daniel Ellsberg made the top secret Pentagon Papers available to a New York Times reporter in 1971 and later won all court proceedings against him. He hopes the same will be the case for Manning, whom he calls a "hero."
Author: Andreas Noll / hf
Editor: Martin Kuebler