Page:United States Statutes at Large Volume 123.djvu/2599

 123STA T . 2 579PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 averb a tim re co r d o f t h e p roceedi ngs of and testimon y ta k en before the mi l itary commission .‘ ‘ ( b )INTERP RETER S . —U nder s u ch regulations as the S ecretary of D efense may prescribe , the convening authority of a military commission under this chapter may detail to or employ for the military commission interpreters w ho shall interpret for the military commission, and, as necessary, for trial counsel and defense counsel for the military commission, and for the accused. ‘‘(c) T R A NS C R I PT EC O R D .—The transcript of a military commis - sion under this chapter shall be under the control of the convening authority of the military commission, who shall also be responsible for preparing the record of the proceedings of the military commis- sion. ‘ ‘ §948m.Nu m berof member s; e xc use of members; a bse nt an d add i tiona l members ‘‘(a) NUMB ERO FM EMBERS.—( 1 ) Ex cept as provided in para- graph ( 2 ), a military commission under this chapter shall 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 94 9m(c) of this title. ‘‘(b) E X CUSE OF MEMBERS.—No member of a military commis- sion 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 j udge for physical disability or other good cause; or ‘‘( 3 ) by order of the convening authority for good cause. ‘‘(c) A BSENT AND ADDITIONA L MEMBERS.— W henever a military commission under this chapter is reduced below the number of members re q uired 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. ‘‘SU BCH A P TER III—PRE-TRIA L PR O CEDURE ‘ ‘ Sec. ‘‘ 948q . Charg e s a nd s p ec if ica t i o ns. ‘‘948r. Ex c lu sion of state m ents o b tained b y torture or cruel , inhuman, or degrading treatment prohibition of self - incrimination; admission of other state- ments of the accused. ‘‘948s. Ser v ice of charges. ‘‘§ 948 q. Ch ar g esands p ecifications ‘‘(a) C H AR G ES AND SPECIFICATIONS.—Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 4 7 of this title under oath before a commissioned officer of the armed forces author- i z ed to administer oaths and shall state— ‘‘(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and
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