10 U.S.C. § 948r — Exclusion of statements obtained by tor-

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 in- terests of justice would best be served by ad- mission of the statement into evidence; or (B) the statement was voluntarily given. (d) DETERMINATION OF VOLUNTARINESS.—In de- termining 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 state- ment, accounting for the circumstances of the conduct of military and intelligence oper- ations 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. (Added by Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2580.) Editorial Notes PRIOR PROVISIONS A prior section 948r, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2607; amended Pub. L. 110–181, div. A, title X, § 1063(a)(4), Jan. 28, 2008, 122 Stat. 321, related to prohibition of compulsory self-incrimination and treatment of statements obtained by torture and other statements, prior to the general amendment of this chapter by Pub. L. 111–84. § 948s. Service of charges The trial counsel assigned to a case before a military commission under this chapter shall cause to be served upon the accused and mili- tary defense counsel a copy of the charges upon which trial is to be had in English and, if appro- priate, in another language that the accused un- derstands, sufficiently in advance of trial to pre- pare a defense. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2580.) Editorial Notes PRIOR PROVISIONS A prior section 948s, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2607, related to service of charges, prior to the general amendment of this chapter by Pub. L. 111–84. SUBCHAPTER IV—TRIAL PROCEDURE Sec. 949a. Rules. 949b. Unlawfully influencing action of military commission and United States Court of Military Commission Review. 949c. Duties of trial counsel and defense counsel. 949d. Sessions. 949e. Continuances. 949f. Challenges. 949g. Oaths. 949h. Former jeopardy. 949i. Pleas of the accused. 949j. Opportunity to obtain witnesses and other evidence. 949k. Defense of lack of mental responsibility. 949l. Voting and rulings. 949m. Number of votes required. 949n. Military commission to announce action. 949o. Record of trial. § 949a. Rules (a) PROCEDURES AND RULES OF EVIDENCE.—Pre- trial, 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 incon- sistent with this chapter. Except as otherwise provided in this chapter or chapter 47 of this title, the procedures and rules of evidence appli- cable 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 com- mission under this chapter, the Secretary of De- fense, in consultation with the Attorney Gen- eral, may make such exceptions in the applica- bility 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 oper- ations during hostilities or by other practical need consistent with this chapter. (2) Notwithstanding any exceptions authorized by paragraph (1), the procedures and rules of evi- dence in trials by military commission under