Report of the Bahrain Independent Commission of Inquiry

Report of the Bahrain Independent Commission of Inquiry
some point, while the remaining two persons have so far remained at large.
Of the total of 64 individuals, 13 were subsequently released without charge,
while 51 have had cases brought against them. Three individuals have been
convicted and are serving jail sentences.
695. On 6 June 2011, 48 medical professionals appeared before the
National Safety Court. Of these persons, 28 doctors and medical professionals
were charged with misdemeanours (Case No. 191 of 2011) and 20 others were
charged with felonies (Case No. 282 of 2011). 301 After a court hearing on 7
September 2011, all of the medical personnel still in detention were released
pending final verdicts. On 29 September, the verdicts in the case involving
the 20 medical personnel accused of felonies were announced. All were found
guilty, and they were sentenced to the following terms: 13 individuals were
sentenced to 15 years imprisonment; two individuals were sentenced to 10
years imprisonment; and five individuals were sentenced to five years
imprisonment. However, all of these individuals remain free pending the
outcome of an appeal now before the Higher Appellate Civil Court. 302 At the
first hearing on 23 October 2011, the Attorney General withdrew charges
against the medical personnel arising out of articles 165, 168 and 169 of the
Bahrain Penal Code.
696. Pursuant to Decree Law No. 28 of 2011, all cases of misdemeanours
not yet adjudicated by the National Safety Court were transferred to the
ordinary civilian courts. Case No. 191 of 2011, involving the 28 medical
professionals charged with misdemeanours, is currently pending before the
Lower Criminal Court.
2. Allegations
697. The events at SMC from 14 February to 16 March 2011 form the
main basis for the GoB’s allegations against certain medical staff at SMC.
The allegations that need to be investigated by the Commission fall into the
following categories:
a. Control and management of SMC;
b. Spreading false rumours and information;
c. Granting access to media;
301 The distinction between misdemeanours and felonies under Bahrain law is based on the
penalty for a particular criminal offence. Misdemeanours are offences punishable by a term of
imprisonment of less than three years and felonies are offences punishable by a term of
imprisonment of three years or amore. Felonies charged included: (1) possession of firearms
and ammunition; (2) attempting to take over a government building and controlling access to
it; and (3) attempting to overthrow the regime by advocating for change of the political system.
Misdemeanours charged included: (i) disseminating false reports, statements or rumours
aiming or seeking to damage the public security and which terrorise the population or cause
damage to the public interest; (ii) publishing untrue reports and/or falsified documents
undermining the public peace or causing damage; (iii) intimidating co-workers into not
following the law; (iv) participating in unauthorised gatherings of more than five people; and
(v) intentionally vandalising government property.
302 There have only been appeals with respect to 18 of the 20 convicted medical staff as two of
those convicted remain at large and have not lodged appeals.
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