Q & A on Military Instruction Number 10

On March 24, 2006, the General Counsel of the Department of Defense issued Military Commission Instruction No. 10, “Certain Evidentiary Requirements,” in response to growing public concern that evidence acquired through torture might be admissible in military commission proceedings. The new rule falls far short of the safeguards contained in the Convention Against Torture, the International Convenant on Civil and Political Rights, and in rules for courts-martial and federal courts to ensure statements acquired through torture, or through other cruel and abusive treatment, are not admissible in trial.