§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, except that such a statement can be used only to show the statement was made when the person is accused of committing that torture or treatment. No one can be forced to testify against themselves at a military commission. A judge may allow an accused person’s statement only if the whole situation makes it reliable and useful, and one of two things is true: the statement was made during lawful military action at the point of capture or in closely related combat and letting it in serves justice, or the statement was given voluntarily. To decide if it was voluntary, the judge looks at the full facts, including how the statement was taken (considering military and intelligence actions during fighting), the accused’s age, training, and education, and any changes in time, place, or who asked questions compared to earlier questioning.