§948r Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination; admission of other statements of the accused

Summary

Statements gotten by torture or by cruel, inhuman, or degrading treatment (as defined by section 1003 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd)) cannot be used as evidence in a military commission. The only exception is to use such a statement against someone accused of committing that torture, and only to show the statement was made. No one can be forced to testify against themselves at a military commission. A military judge may allow a defendant’s statement as evidence only if the judge finds, from all the facts, that the statement is reliable and helpful. The judge must also find either that the statement was made during lawful military actions at the point of capture or in closely related combat and admitting it serves justice, or that the statement was given voluntarily. To decide voluntariness, the judge looks at all the facts, including how the statement was taken (given wartime military and intelligence conditions), the accused’s traits (for example, military training, age, and education), and any time gap, change of place, or change in who questioned the accused since earlier questioning.