the trial may not proceed unless the convening authority 
details new members sufficient to provide not less than 
such number. The trial may proceed with the new mem-
bers present after the recorded evidence previously intro-
duced before the members has been read to the military 
commission in the presence of the military judge, the ac-
cused (except as provided in section 949d of this title), 
and counsel for both sides. 
‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 
‘‘Sec. 
‘‘948q. Charges and specifications. 
‘‘948r. Compulsory self-incrimination prohibited; treatment of statements ob-
tained by torture and other statements. 
‘‘948s. Service of charges. 
‘‘§ 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 
signer’s knowledge and belief. 
‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of 
the charges and specifications in accordance with sub-
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section (a), the accused shall be informed of the charges 
against him as soon as practicable. 
‘‘§ 948r. Compulsory self-incrimination prohibited; 
treatment of statements obtained by tor-
ture and other statements 
‘‘(a) IN GENERAL.—No person shall be required to 
testify against himself at a proceeding of a military com-
mission under this chapter. 
‘‘(b) EXCLUSION
OF STATEMENTS OBTAINED
BY 
TORTURE.—A statement obtained by use of torture, 
whether or not under color of law, shall not be admissible 
against the accused in a military commission under this 
chapter, except against a person accused of torture as evi-
dence the statement was made. 
‘‘(c) OTHER STATEMENTS.—An otherwise admissible 
statement, including a statement allegedly obtained by co-
ercion, shall not be admitted in evidence in a military com-
mission under this chapter if the military judge finds that 
the circumstances under which the statement was made 
render the statement unreliable or lacking in probative 
value. 
‘‘(d) TORTURE.—In this section, the term ‘torture’ 
has the meaning given that term in section 2340 of title 
18. 
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‘‘§ 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 de-
fense. 
‘‘SUBCHAPTER IV—TRIAL PROCEDURE 
‘‘Sec. 
‘‘949a. Rules. 
‘‘949b. Unlawfully influencing action of military commission. 
‘‘949c. Duties of trial counsel and defense counsel. 
‘‘949d. Sessions. 
‘‘949e. Continuances. 
‘‘949f. Challenges. 
‘‘949g. Oaths. 
‘‘949h. Former jeopardy. 
‘‘949i. Pleas of the accused. 
‘‘949j. Opportunity to obtain witnesses and other evidence. 
‘‘949k. Defense of lack of mental responsibility. 
‘‘949l. Voting and rulings. 
‘‘949m. Number of votes required. 
‘‘949n. Military commission to announce action. 
‘‘949o. Record of trial. 
‘‘§ 949a. Rules 
‘‘(a) PROCEDURES.—Pretrial, trial, and post-trial 
procedures, including elements and modes of proof, for 
cases triable by military commission under this chapter 
shall be prescribed by the Secretary of Defense, but may 
not be contrary to or inconsistent with this chapter. 
‘‘(b) RULES OF EVIDENCE.—(1) Subject to such ex-
ceptions and limitations as the Secretary may prescribe 
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