Page:United States Statutes at Large Volume 120.djvu/2638

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2607

‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges against him as soon as practicable. ‘‘§ 948r. Compulsory self-incrimination prohibited; treatment of statements obtained by torture and other statements ‘‘(a) IN GENERAL.—No person shall be required to testify against himself at a proceeding of a military commission under this chapter. ‘‘(b) EXCLUSION OF STATEMENTS OBTAINED BY TORTURE.—A statement obtained by use of torture shall not be admissible in a military commission under this chapter, except against a person accused of torture as evidence that the statement was made. ‘‘(c) STATEMENTS OBTAINED BEFORE ENACTMENT OF DETAINEE TREATMENT ACT OF 2005.—A statement obtained before December 30, 2005 (the date of the enactment of the Defense Treatment Act of 2005) in which the degree of coercion is disputed may be admitted only if the military judge finds that— ‘‘(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and ‘‘(2) the interests of justice would best be served by admission of the statement into evidence. ‘‘(d) STATEMENTS OBTAINED AFTER ENACTMENT OF DETAINEE TREATMENT ACT OF 2005.—A statement obtained on or after December 30, 2005 (the date of the enactment of the Defense Treatment Act of 2005) in which the degree of coercion is disputed may be admitted only if the military judge finds that— ‘‘(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value; ‘‘(2) the interests of justice would best be served by admission of the statement into evidence; and ‘‘(3) the interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of the Detainee Treatment Act of 2005. ‘‘§ 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 military defense counsel a copy of the charges upon which trial is to be had. Such charges shall be served in English and, if appropriate, in another language that the accused understands. Such service shall be made sufficiently in advance of trial to prepare a defense. ‘‘SUBCHAPTER IV—TRIAL PROCEDURE ‘‘Sec. ‘‘949a. Rules. ‘‘949b. Unlawfully influencing action of military commission. ‘‘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.

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