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10 U.S.C. § 948r — Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination; admission of other statements of the accused
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusion of Statements Obtain by Torture or Cruel, Inhuman, or Degrading Treatment.—** No statement obtained by the use of torture or by cruel, inhuman, or degrading treatment (as defined by section 1003 of the Detainee Treatment Act of 2005 ([42 U.S.C. 2000dd](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000dd&num=0&edition=prelim))), whether or not under color of law, shall be admissible in a military commission under this chapter, except against a person accused of torture or such treatment as evidence that the statement was made.
**(b) Self-incrimination Prohibited.—** No person shall be required to testify against himself or herself at a proceeding of a military commission under this chapter.
**(c) Other Statements of the Accused.—** A statement of the accused may be admitted in evidence in a military commission under this chapter only if the military judge finds—
(1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and
(2) that—
(A) the statement was made incident to lawful conduct during military operations at the point of capture or during closely related active combat engagement, and the interests of justice would best be served by admission of the statement into evidence; or
(B) the statement was voluntarily given.
**(d) Determination of Voluntariness.—** In determining for purposes of subsection (c)(2)(B) whether a statement was voluntarily given, the military judge shall consider the totality of the circumstances, including, as appropriate, the following:
(1) The details of the taking of the statement, accounting for the circumstances of the conduct of military and intelligence operations during hostilities.
(2) The characteristics of the accus
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Source file: Laws/federal/codes/united-states-code/title-10/section-948r-exclusion-of-statements-obtained-by-torture-or-cruel-inhuman-or-degradin--99d2f62c86.md
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Source location: Title 10, Chapter 47A, § 948r; chapter-47a-military-commissions.md
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**(a) Exclusion of Statements Obtain by Torture or Cruel, Inhuman, or Degrading Treatment.—** No statement obtained by the use of torture or by cruel, inhuman, or degrading treatment (as defined by section 1003 of the Detainee Treatment Act of 2005 ([42 U.S.C. 2000dd](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000dd&num=0&edition=prelim))), whether or not under color of law, shall be admissible in a military commission under this chapter, except against a person accused of torture or such treatment as evidence that the statement was made.
**(b) Self-incrimination Prohibited.—** No person shall be required to testify against himself or herself at a proceeding of a military commission under this chapter.
**(c) Other Statements of the Accused.—** A statement of the accused may be admitted in evidence in a military commission under this chapter only if the military judge finds—
(1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and
(2) that—
(A) the statement was made incident to lawful conduct during military operations at the point of capture or during closely related active combat engagement, and the interests of justice would best be served by admission of the statement into evidence; or
(B) the statement was voluntarily given.
**(d) Determination of Voluntariness.—** In determining for purposes of subsection (c)(2)(B) whether a statement was voluntarily given, the military judge shall consider the totality of the circumstances, including, as appropriate, the following:
(1) The details of the taking of the statement, accounting for the circumstances of the conduct of military and intelligence operations during hostilities.
(2) The characteristics of the accused, such as military training, age, and education level.
(3) The lapse of time, change of place, or change in identity of the questioners between the statement sought to be admitted and any prior questioning of the accused.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
**(b) Construction** Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.
**(c) Limitation on supersedure** The provisions of this section shall not be superseded, except by a provision of law enacted after December 30, 2005, which specifically repeals, modifies, or supersedes the provisions of this section.
**(d) Cruel, inhuman, or degrading treatment or punishment defined** In this section, the term “cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000dd
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures and Rules of Evidence.—** Pretrial, trial, and post-trial procedures, including elements and modes of proof, for cases triable by military commission under this chapter may be prescribed by the Secretary of Defense. Such procedures may not be contrary to or inconsistent with this chapter. Except as otherwise provided in this chapter or chapter 47 of this title, the procedures and rules of evidence applicable in trials by general courts-martial of the United States shall apply in trials by military commission under this chapter.
**(b) Exceptions.—**
(1) In trials by military commission under this chapter, the Secretary of Defense, in consultation with the Attorney General, may make such exceptions in the applicability of the procedures and rules of evidence otherwise applicable in general courts-martial as may be required by the unique circumstances of the conduct of military and intelligence operations during hostilities or by other practical need consistent with this chapter.
(2) Notwithstanding any exceptions authorized by paragraph (1), the procedures and rules of evidence in trials by military commission under this chapter shall include, at a minimum, the following rights of the accused:
(A) To present evidence in the accused’s defense, to cross-examine the witnesses who testify against the accused, and to examine and respond to all evidence admitted against the accused on the issue of guilt or innocence and for sentencing, as provided for by this chapter.
(B) To be present at all sessions of the military commission (other than those for deliberations or voting), except when excluded under [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim).
(C)
(i) When
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 949a
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Federal law — U.S. Code and appendices · legal_authorities
Page 857
TITLE 10—ARMED FORCES
§ 949a
with subsection (a), the accused shall be in-
formed of the charges and specifications against
the accused as soon as practicable.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802,
Oct. 28, 2009, 123 Stat. 2579.)
Editorial Notes
PRIOR PROVISIONS
A prior section 948q, added Pub. L. 109–366, § 3(a)(1),
Oct. 17, 2006, 120 Stat. 2606, related to charges and speci-
fications, prior to the general amendment of this chap-
ter by Pub. L. 111–84.
§ 948r. Exclusion of statements obtained by tor-
ture or cruel, inhuman, or degrading treat-
ment; prohibition of self-incrimination; ad-
mission of other statements of the accused
(a) EXCLUSION OF STATEMENTS OBTAIN BY TOR-
TURE OR CRUEL, INHUMAN, OR DEGRADING TREAT-
MENT.—No statement obtained by the use of tor-
ture or by cruel, inhuman, or degrading treat-
ment (as defined by section 1003 of the Detainee
Treatment Act of 2005 (42 U.S.C. 2000dd)), wheth-
er or not under color of law, shall be admissible
in a military commission under this chapter, ex-
cept against a person accused of torture or such
treatment as evidence that the statement was
made.
(b) SELF-INCRIMINATION PROHIBITED.—No per-
son shall be required to testify against himself
or herself at a proceeding of a military commis-
sion under this chapter.
(c) OTHER STATEMENTS
OF
THE ACCUSED.—A
statement of the accused may be admitted in
evidence in a military commission under this
chapter only if the military judge finds—
(1) that the totality of the circumstances
renders the statement reliable and possessing
sufficient probative value; and
(2) that—
(A) the statement was made incident to
lawful conduct during military operations at
the point of capture or during closely re-
lated active combat engagement, and the
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 948r
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5324
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000dd
Short Title note set out under section 2000cc of this
title and Tables.
CHAPTER 21D—DETAINEE TREATMENT
Sec.
2000dd.
Prohibition on cruel, inhuman, or de-
grading treatment or punishment of
persons under custody or control of the
United States Government.
2000dd–0.
Additional prohibition on cruel, inhu-
man, or degrading treatment or pun-
ishment.
2000dd–1.
Protection of United States Government
personnel engaged in authorized inter-
rogations.
2000dd–2.
Limitation on interrogation techniques.
§ 2000dd. Prohibition on cruel, inhuman, or de-
grading treatment or punishment of persons
under custody or control of the United States
Government
(a) In general
No individual in the custody or under the
physical control of the United States Govern-
ment, regardless of nationality or physical loca-
tion, shall be subject to cruel, inhuman, or de-
grading treatment or punishment.
(b) Construction
Nothing in this section shall be construed to
impose any geographical limitation on the ap-
plicability of the prohibition against cruel, in-
human, or degrading treatment or punishment
under this section.
(c) Limitation on supersedure
The provisions of this section shall not be su-
perseded, except by a provision of law enacted
after December 30, 2005, which specifically re-
peals, modifies, or supersedes the provisions of
this section.
(d) Cruel, inhuman, or degrading treatment or
punishment defined
In this section, the term ‘‘cruel, inhuman, or
degrading treatment or punishment’’ means the
cruel, unusual, and inhumane treatment or pun-
ishment prohibited by the Fifth, Eighth, and
Fourteenth Amendments to the Constitution of
the United States, as defined in the United
States Reservations, Declar
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000dd
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2000dd. This identifies an authority to review, not proof of applicability.