[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR9.5]



[Page 24-25]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 9_PROCEDURES FOR TRIALS BY MILITARY COMMISSIONS OF CERTAIN 

NON-UNITED STATES CITIZENS IN THE WAR AGAINST TERRORISM--Table 

of Contents

 

Sec.  9.5  Procedures accorded the accused.



    The following procedures shall apply with respect to the Accused:

    (a) The Prosecution shall furnish to the Accused, sufficiently in 

advance of trial to prepare a defense, a copy of the charges in English 

and, if appropriate, in another language that the Accused understands.

    (b) The Accused shall be presumed innocent until proven guilty.

    (c) A Commission member shall vote for a finding of Guilty as to an 

offense if and only if that member is convinced



[[Page 25]]



beyond a reasonable doubt, based on the evidence admitted at trial, that 

the Accused is guilty of the offense.

    (d) At least one Detailed Defense Counsel shall be made available to 

the Accused sufficiently in advance of trial to prepare a defense and 

until any findings and sentence become final in accordance with Sec.  

9.6(h)(2).

    (e) The Prosecution shall provide the Defense with access to 

evidence the Prosecution intends to introduce at trial and with access 

to evidence known to the Prosecution that tends to exculpate the 

Accused. Such access shall be consistent with Sec.  9.6(d)(5) and 

subject to Sec.  9.9.

    (f) The Accused shall not be required to testify during trial. A 

Commission shall draw no adverse inference from an Accused's decision 

not to testify. This subsection shall not preclude admission of evidence 

of prior statements or conduct of the Accused.

    (g) If the Accused so elects, the Accused may testify at trial on 

the Accused's own behalf and shall then be subject to cross-examination.

    (h) The Accused may obtain witnesses and documents for the Accused's 

defense, to the extent necessary and reasonably available as determined 

by the Presiding Officer. Such access shall be consistent with the 

requirements of Sec.  9.6(d)(5) and subject to Sec.  9.9. The Appointing 

Authority shall order that such investigative or other resources be made 

available to the Defense as the Appointing Authority deems necessary for 

a full and fair trial.

    (i) The Accused may have Defense Counsel present evidence at trial 

in the Accused's defense and cross-examine each witness presented by the 

Prosecution who appears before the Commission.

    (j) The Prosecution shall ensure that the substance of the charges, 

the proceedings, and any documentary evidence are provided in English 

and, if appropriate, in another language that the Accused understands. 

The Appointing Authority may appoint one or more interpreters to assist 

the Defense, as necessary.

    (k) The Accused may be present at every stage of the trial before 

the Commission, consistent with Sec.  9.6(b)(3), unless the Accused 

engages in disruptive conduct that justifies exclusion by the Presiding 

Officer. Detailed Defense Counsel may not be excluded from any trial 

proceeding or portion thereof.

    (l) Except by order of the Commission for good cause shown, the 

Prosecution shall provide the Defense with access before sentencing 

proceedings to evidence the Prosecution intends to present in such 

proceedings. Such access shall be consistent with Sec.  9.6(d)(5) of 

this part and subject to Sec.  9.9.

    (m) The Accused may make a statement during sentencing proceedings.

    (n) The Accused may have Defense Counsel submit evidence to the 

Commission during sentencing proceedings.

    (o) The Accused shall be afforded a trial open to the public (except 

proceedings closed by the Presiding Officer), consistent with Sec.  

9.6(b).

    (p) The Accused shall not again be tried by any Commission for a 

charge once a Commission's finding on that charge becomes final in 

accordance with Sec.  9.6(h)(2).