32 C.F.R. § 9.5 Procedures accorded the accused.
Title 32 - National Defense
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 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 §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 §9.6(d)(5) and subject to §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 §9.6(d)(5) and subject to §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 §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 §9.6(d)(5) of this part and subject to §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 §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 §9.6(h)(2).
Title 32: National Defense
PART 9—PROCEDURES FOR TRIALS BY MILITARY COMMISSIONS OF CERTAIN NON-UNITED STATES CITIZENS IN THE WAR AGAINST TERRORISM
§ 9.5 Procedures accorded the accused.
