Report of the Bahrain Independent Commission of Inquiry

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Report of the Bahrain Independent Commission of Inquiry administrative point of view, SMC was operating as normal, meetings were being held and staff were instructed in accordance with the disaster plan. Although the families of the injured protesters gathered in the parking area outside the Emergency Section, this did not obstruct the entrance. The accused doctor further stated that hospital staff were busy treating casualties without interfering with the other events. 320 He stated that at the end of the day the doctors’ responsibility was to deal with the injured and that any security concerns were the responsibility of security and administration. 321 This position was supported by an MoH security guard who stated that security personnel have an agreement with the MoI that during crisis mode they would take over the administration of the SMC Emergency Section and that they would be responsible for the exits and entrances of the hospital, and that they would take orders from the management of SMC and not the doctors. 322 717. The accused medical personnel deny that they had any relationship with the protesters. Their version of events was supported by statements from Prosecution witnesses in these trials. For example, the Head of Administrative Services at SMC stated that the Assistant Undersecretary for Hospital Services had agreed that one of the accused doctors would deal with the demonstrators as he had obvious influence over them. 323 718. One of the accused doctors stated that on 19 February 2011, two other accused doctors asked the protesters to leave the Emergency Section. 324 There was an official meeting on 19 February, during which the Assistant Undersecretary for Financial Affairs asked the doctors to request the protesters to leave the Emergency Section. He further stated that none of the accused doctors were colluding with the protesters camped in tents at SMC, nor did the doctors order the protesters to stay there. 719. The medical personnel who were convicted of felonies submitted a joint statement to the Commission in which they asserted the following: There was no relationship between doctors and protesters. Doctors were only involve[d] in the treatment of injured patients according to the nature of their injury. Hospital premises were under the total control of hospital administration. 325 … There were two types of tents put outside the hospital at the car park in front of the emergency department: the medical tent was set by the hospital administration to accommodate anticipated floods of patients in case of disaster. This tent was authorised and 320 Statement provided to the Commission by the Ministry of Health entitled “Salmaniya Medical Complex”, 10 September 2011. 321 Witness statement provided to the Commission, 2 August 2011. 322 Minutes of court hearing on 7 September 2011 in Case No. 191 of 2011 (Defence witness statements). 323 Minutes of court hearing on 7 September 2011 in Case No. 191 of 2011. 324 Interview with the Commission, 27 July 2011. 325 The medical personnel provided a copy of a press report in which the Assistant Undersecretary for Hospital Services made a statement to the same effect. 184
Chapter V — Events at Salmaniya Medical Complex supervised by hospital administration. The other tents were set by the protesters and doctors have nothing to do with them. 326 720. An engineer at the MoH, stated that the engineering administration from the MoH set up the big tent in the car park based on orders from the hospital administration. 327 721. A lawyer for several of the accused doctors, provided a copy of an email sent on 21 February 2011 by the Assistant Undersecretary for Primary Healthcare to all personnel working in healthcare. The email thanked the healthcare personnel for providing their services in a complete manner during the events. 722. According to the statement submitted by the accused medical personnel to the Commission: Though a few doctors are members of Al Wefaq which is an official Bahraini society operating legally under Bahrain law, it had no influence on them while they were performing their duties as professionals… Some other doctors are members of other political societies. We can confirm that doctors didn’t give free room to religious scholars and Alwefaq MPs inside SMC, as the hospital was under the responsibility of SMC administration at all times. 328 723. The authorities deny the allegations made against them by the accused medical personnel concerning the mismanagement of SMC. The GoB claims that the chaos and disorder was due to protesters and the accused medical staff. The SMC administration stated that in the two meetings that took place on 19 February, they were threatened and forced to allow the accused doctors to run the hospital. They therefore agreed to relocate some of those in charge of various sections, allowing the accused doctors to take control. (2) Spreading false rumours and information 724. According to article 168 of the Bahrain Penal Code, as amended by Decree Law No. 9 of 1982, it is a violation of the law to deliberately disseminate false or malicious news, reports, statements or rumours, or produce any publicity, which disturbs public security. 329 The authorities have alleged that the medical staff at SMC intentionally spread false rumours and information about the events taking place at SMC during the protests. Accusations have also been made that medical staff helped to stage certain events. 326 Email sent to the Commission on 13 September 2011 (original English text). 327 Minutes of court hearing on 7 September 2011 in Case No. 191 of 2011 (Defence witness statements). 328 Email sent to the Commission on 13 September 2011 (original English text). 329 See Findings and Conclusions to this Chapter. 185
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Report of the Bahrain Independent Commission of Inquiry

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