(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.
