TITLE 10 - US CODE - SUBCHAPTER III - PRE-TRIAL PROCEDURE

10 USC 948q - Charges and specifications

(a) Charges and Specifications.—
Charges and specifications against an accused in a military commission under this chapter shall be signed by a person subject to chapter 47 of this title under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state

(1) that the signer has personal knowledge of, or reason to believe, the matters set forth therein; and

(2) that they are true in fact to the best of the signers knowledge and belief.

(b) Notice to Accused.—
Upon the swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges against him as soon as practicable.

10 USC 948r - Compulsory self-incrimination prohibited; treatment of statements obtained by torture and other statements

(a) In General.—
No person shall be required to testify against himself at a proceeding of a military commission under this chapter.

(b) Exclusion of Statements Obtained by Torture.—
A statement obtained by use of torture shall not be admissible in a military commission under this chapter, except against a person accused of torture as evidence that the statement was made.

(c) Statements Obtained Before Enactment of Detainee Treatment Act of 2005.—
A statement obtained before December 30, 2005 (the date of the enactment of the Detainee Treatment Act of 2005) in which the degree of coercion is disputed may be admitted only if the military judge finds that

(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and

(2) the interests of justice would best be served by admission of the statement into evidence.

(d) Statements Obtained After Enactment of Detainee Treatment Act of 2005.—
A statement obtained on or after December 30, 2005 (the date of the enactment of the Detainee Treatment Act of 2005) in which the degree of coercion is disputed may be admitted only if the military judge finds that

(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value;

(2) the interests of justice would best be served by admission of the statement into evidence; and

(3) the interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of the Detainee Treatment Act of 2005.

10 USC 948s - Service of charges

The trial counsel assigned to a case before a military commission 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. Such charges shall be served in English and, if appropriate, in another language that the accused understands. Such service shall be made sufficiently in advance of trial to prepare a defense.