Reply #32: Article 13? [View All]

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His own lawyer says: "He cannot see other inmates from his cell. He can occasionally hear other inmates talk. Due to being a pretrial confinement facility, inmates rarely stay at the facility for any length of time. Currently, there are no other inmates near his cell."

It is not clear that this won't satisfy a claim under Art. 13, UCMJ:
"No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline. "

Continued solitary confinement for an indefinite period of time isn't cut and dried under Art. 13.