123STA T . 2 580PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9‘ ‘ (2)tha t suc h m att er s are true inf act t o the b est of the si g ner ’ s k no wl e d ge and belief . ‘‘(b) NOTICE TO A CC US E D . —Up on the swearing of the charges and specifications in accordance with subsection (a) , the accused shall be informed of the charges and specifications against the accused as soon as practicable. ‘ ‘ §948r.Exclusion o f s ta t em ents o b taine d b y torture or cruel , in h uman, or de g rading treatment
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rohibition of self - incrimination; admission of other statements of the accused ‘‘(a) EX C L USIO N O FS T A TE M ENTS OB TAIN B YT O R TURE OR C RUEL, I N H UMAN, OR D E G RADING TREATMENT.—No statement obtained b y the use of torture or by cruel, inhuman, or degrading treatment (as defined by section 10 0 3 of the Detainee Treatment Act of 200 5 ( 4 2 U.S.C. 2000dd)), whether or not under color of law, shall be admissible in a military commission under this chapter, e x cept against a person accused of torture or such treatment as e v idence that the statement was made. ‘‘(b) SELF - INCRIMINATION P ROHIBITED.—No person shall be re q uired to testify against himself or herself at a proceeding of a military commission 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 j udge finds— ‘‘(1) that the totality of the circumstances renders the state- ment 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 related active combat engagement, and the interests of justice would best be served by admission of the state- ment into evidence; or ‘‘( B ) the statement was voluntarily given. ‘‘(d) DETERMINATION OF V OLUNTARINESS.—In determining for purposes of subsection (c)(2)(B) whether a statement was voluntarily given, the military judge shall consider the totality of the cir- cumstances, including, as appropriate, the following
‘‘(1) The details of the taking of the statement, accounting for the circumstances of the conduct of military and intelligence operations 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. ‘‘§ 948s. S er v ice of charges ‘‘The trial counsel assigned to a case before a military commis- sion 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 in English and, if appropriate, in another language that the accused understands, sufficiently in advance of trial to prepare a defense.
