Senate report concludes: no proof of contact between
Quote:...
So would I. Citation?
...
In my reading of the MCR linked above, the only way information extracted by torture can be used is as evidence of torture used against the torturer. Or, evidence gained through coercion can be used if the judge determines the evidence can be used AND if after the Act is approved that the coercion does not violate the Detainee Treatment Act of 2005. I underlined the relevant sections.

Quote:. § 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 Defense 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 Defense 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.

Heh, I beat you Occhi by 2 seconds...
”There are more things in heaven and earth, Horatio, Than are dreamt of in your philosophy." - Hamlet (1.5.167-8), Hamlet to Horatio.

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Senate report concludes: no proof of contact between - by kandrathe - 10-02-2006, 03:16 PM

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