Page:United States Statutes at Large Volume 120.djvu/2648

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2617

a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available. ‘‘§ 949n. Military commission to announce action ‘‘A military commission under this chapter shall announce its findings and sentence to the parties as soon as determined. ‘‘§ 949o. Record of trial ‘‘(a) RECORD; AUTHENTICATION.—Each military commission under this chapter shall keep a separate, verbatim, record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by a member of the commission if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. Where appropriate, and as provided in regulations prescribed by the Secretary of Defense, the record of a military commission under this chapter may contain a classified annex. ‘‘(b) COMPLETE RECORD REQUIRED.—A complete record of the proceedings and testimony shall be prepared in every military commission under this chapter. ‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of the record of the proceedings of the military commission under this chapter shall be given the accused as soon as it is authenticated. If the record contains classified information, or a classified annex, the accused shall be given a redacted version of the record consistent with the requirements of section 949d of this title. Defense counsel shall have access to the unredacted record, as provided in regulations prescribed by the Secretary of Defense.

Regulations.

Regulations.

‘‘SUBCHAPTER V—SENTENCES ‘‘Sec. ‘‘949s. Cruel or unusual punishments prohibited. ‘‘949t. Maximum limits. ‘‘949u. Execution of confinement.

‘‘§ 949s. Cruel or unusual punishments prohibited ‘‘Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by a military commission under this chapter or inflicted under this chapter upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited under this chapter. ‘‘§ 949t. Maximum limits ‘‘The punishment which a military commission under this chapter may direct for an offense may not exceed such limits as the President or Secretary of Defense may prescribe for that offense. ‘‘§ 949u. Execution of confinement ‘‘(a) IN GENERAL.—Under such regulations as the Secretary of Defense may prescribe, a sentence of confinement adjudged by a military commission under this chapter may be carried into execution by confinement— ‘‘(1) in any place of confinement under the control of any of the armed forces; or

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