§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

No statement that was obtained by torture or by cruel, inhuman, or degrading treatment (as defined in the Detainee Treatment Act of 2005) can be used as evidence in a military commission. The only exception is that such a statement can be used against someone accused of committing that abuse to show the person made the statement. No one can be forced to testify against themselves in a military commission. Other statements from the accused can be used only if the military judge decides they are reliable and useful, and either were made during lawful military action at the point of capture or in closely related combat and admitting them serves justice, or they were given voluntarily. To decide voluntariness, the judge looks at the whole situation, including how the statement was taken during hostilities, the accused’s background (training, age, education), and any time, place, or questioner changes since earlier questioning.