Page:United States Statutes at Large Volume 120.djvu/2637

 120 STAT. 2606

PUBLIC LAW 109–366—OCT. 17, 2006

recording of the proceedings of and testimony taken before the commission. ‘‘(b) INTERPRETERS.—Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter may detail to or employ for the military commission interpreters who shall interpret for the commission and, as necessary, for trial counsel and defense counsel and for the accused. ‘‘(c) TRANSCRIPT; RECORD.—The transcript of a military commission under this chapter shall be under the control of the convening authority of the commission, who shall also be responsible for preparing the record of the proceedings. ‘‘§ 948m. Number of members; excuse of members; absent and additional members ‘‘(a) NUMBER OF MEMBERS.—(1) A military commission under this chapter shall, except as provided in paragraph (2), have at least five members. ‘‘(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of members prescribed by section 949m(c) of this title. ‘‘(b) EXCUSE OF MEMBERS.—No member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused— ‘‘(1) as a result of challenge; ‘‘(2) by the military judge for physical disability or other good cause; or ‘‘(3) by order of the convening authority for good cause. ‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military commission under this chapter is reduced below the number of members required by subsection (a), the trial may not proceed unless the convening authority details new members sufficient to provide not less than such number. The trial may proceed with the new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as provided in section 949d of this title), and counsel for both sides. ‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE ‘‘Sec. ‘‘948q. Charges and specifications. ‘‘948r. Compulsory self-incrimination prohibited; treatment of statements obtained by torture and other statements. ‘‘948s. Service of charges.

‘‘§ 948q. Charges and specifications ‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— ‘‘(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and ‘‘(2) that they are true in fact to the best of the signer’s knowledge and belief.

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