---
kind: "section"
citation: "10 U.S.C. § 948r"
title: "10"
title_heading: "Armed Forces"
number: "948r"
heading: "Exclusion of statements obtained by torture or cruel, inhuman, or degrading treatment; prohibition of self-incrimination; admission of other statements of the accused"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/948r"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter III — Pre-Trial Procedure"
---

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

- (a) **Exclusion of Statements Obtain by Torture or Cruel, Inhuman, or Degrading Treatment.—** No statement obtained by the use of 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](/usc/42/2000dd.md))), whether or not under color of law, shall be admissible in a [military](/usc/10/801.md?p=8) commission under this chapter, except against a [person](/usc/10/2700.md?p=2) accused of torture or such treatment as evidence that the statement was made.
- (b) **Self-incrimination Prohibited.—** No [person](/usc/10/2700.md?p=2) shall be required to testify against himself or herself at a proceeding of a [military](/usc/10/801.md?p=8) commission under this chapter.
- (c) **Other Statements of the Accused.—** A statement of the accused may be admitted in evidence in a [military](/usc/10/801.md?p=8) commission under this chapter only if the [military judge](/usc/10/801.md?p=10) finds—
  - (1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and
  - (2) that—
    - (A) the statement was made incident to lawful conduct during [military](/usc/10/801.md?p=8) operations at the point of capture or during closely related active combat engagement, and the interests of justice would best be served by admission of the statement into evidence; or
    - (B) the statement was voluntarily given.
- (d) **Determination of Voluntariness.—** In determining for purposes of [subsection (c)(2)(B)](#c-2-B) whether a statement was voluntarily given, the [military judge](/usc/10/801.md?p=10) shall consider the totality of the circumstances, including, as appropriate, the following:
  - (1) The details of the taking of the statement, accounting for the circumstances of the conduct of [military](/usc/10/801.md?p=8) and intelligence operations during [hostilities](/usc/10/948a.md?p=9).
  - (2) The characteristics of the accused, such as [military](/usc/10/801.md?p=8) [training](/usc/10/301.md?p=9), age, and education level.
  - (3) The lapse of time, change of place, or change in identity of the questioners between the statement sought to be admitted and any prior questioning of the accused.

## Source credit

(Added by Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2580.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 948r, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2607; amended Pub. L. 110–181, div. A, title X, § 1063(a)(4), Jan. 28, 2008, 122 Stat. 321, related to prohibition of compulsory self-incrimination and treatment of statements obtained by torture and other statements, prior to the general amendment of this chapter by Pub. L. 111–84.