Report of the Bahrain Independent Commission of Inquiry

Chapter V — Events at Salmaniya Medical Complex
imposed upon any person who incites others by any method of
publication to hate or show contempt for a certain faction, if such
incitement undermines the public peace.
826. Moreover, article 18 of the Constitution states that: “People are equal
in human dignity, and citizens are equal before the law in public rights and
duties. There shall be no discrimination among them on the basis of sex,
origin, language, religion or creed.”
827. Many of the accusations brought against the medical staff at SMC
concern violations of the Bahrain Medical Society Charter of Medical Ethics
(200), which requires doctors to maintain the medical profession as an ethical
and scientific profession, respect human dignity in all circumstances and
situations, and be an example to others. 439 The Charter of Medical Ethics also
emphasises the duty not to discriminate when dispensing treatment to patients,
either by giving preferential or purposely sub-standard care. Articles 6-8
stipulate that the doctor should not be affected by religious, sectarian, ethnic
or gender differences when treating patients. The Charter of Medical Ethics
states that a doctor owes a duty of confidentiality to patients, unless a crime
may have occurred. 440 Finally, the Charter of Medical Ethics makes it clear
that if a doctor violates the terms of the code, he may be subject to legal
procedures as provided by law. 441
C. Findings and Conclusions
828. The following findings and conclusions are based on evidence
obtained by the Commission, as described above. Because of the many
controversial aspects of the events at SMC, which led to contradictory and
different narratives, the Commission will distinguish in the ensuing findings
and conclusions between matters on which it could make actual findings and
other matters on which it could not make a definitive finding.
829. Even though the events at SMC are connected with those at the GCC
Roundabout, as well as the general situation in the country, it is nonetheless
important to distinguish between these different but related events. In
particular, it is important to distinguish events that occurred inside the hospital
and which primarily involved some of SMC’s medical personnel.
830. It is not within the mandate of the Commission to comment on
ongoing judicial matters in so far as the merits of these cases are concerned.
The Commission has taken positions on questions of due process and the use
of confessions obtained under torture or other forms of cruel, inhuman or
degrading treatment. 442 This Report addresses the conduct of the medical
personnel. At the time of delivery of this Report, cases relating to the criminal
responsibility of some of these medical personnel are before the Bahraini
courts. The Commission is unwilling to comment on the merits of these cases.
439 Bahrain Medical Society Charter of Medical Ethics, art 2.
440 Bahrain Medical Society Charter of Medical Ethics, art 13.
441 Bahrain Medical Society Charter of Medical Ethics, art 78.
442 See Chapter VI, Section D.
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