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Report of the Bahrain Independent Commission of Inquiry

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Chapter V — Events at Salmaniya Medical Complex<br />

834. Among <strong>the</strong> medical personnel who stated concerns about SMC’s<br />

capabilities to face what <strong>the</strong>y considered to be a developing medical crisis,<br />

some had political ties with <strong>the</strong> opposition and pursued a political agenda.<br />

Among <strong>the</strong>m were some who were seen leading demonstrations and chants<br />

against <strong>the</strong> regime both outside and inside SMC. These persons moved in and<br />

out <strong>of</strong> <strong>the</strong>ir roles as political activists and medical personnel, <strong>the</strong> latter being<br />

expected to carry out <strong>the</strong>ir pr<strong>of</strong>essional, ethical and legal duties and<br />

responsibilities.<br />

835. Concerning <strong>the</strong> GoB’s claims that <strong>the</strong> accused medical staff<br />

intentionally spread false rumours and information about <strong>the</strong> events at SMC,<br />

<strong>the</strong>re is evidence supporting <strong>the</strong>se claims with respect to some, but not all, <strong>of</strong><br />

<strong>the</strong> medical personnel. 447 In relation to <strong>the</strong> allegation that a member <strong>of</strong> <strong>the</strong><br />

medical staff gave false statements to <strong>the</strong> media concerning <strong>the</strong> number <strong>of</strong><br />

injured at SMC, records show that during mid-February when <strong>the</strong> statement<br />

was given, hundreds <strong>of</strong> crisis patients did indeed visit SMC as a result <strong>of</strong><br />

clashes between protesters and security forces. 448 The allegation that medical<br />

staff used atropine on patients to incriminate security forces could not be<br />

established by <strong>the</strong> <strong>Commission</strong>. Concerning individuals impersonating<br />

medical staff, <strong>the</strong> <strong>Commission</strong> could establish that at least one individual<br />

impersonated an SMC medical staff member. Video footage was received<br />

showing an individual who was not a staff member at SMC giving false<br />

information to an unknown news agency.<br />

836. Concerning whe<strong>the</strong>r <strong>the</strong> accused medical staff granted media access<br />

to SMC, article 13 <strong>of</strong> <strong>the</strong> <strong>Bahrain</strong> Charter <strong>of</strong> Medical Ethics needs to be taken<br />

into consideration. Article 13 provides that a doctor owes a duty <strong>of</strong><br />

confidentiality to patients, unless a crime has occurred. The presence <strong>of</strong><br />

media at SMC during <strong>the</strong> events <strong>of</strong> February/March 2011 is shown in a large<br />

number <strong>of</strong> video clips and photographs showing media personnel freely<br />

moving inside <strong>the</strong> Emergency Section. The <strong>Commission</strong> was unable to<br />

establish whe<strong>the</strong>r <strong>the</strong> media was given access to SMC by medical staff, by<br />

o<strong>the</strong>rs, or whe<strong>the</strong>r <strong>the</strong> media simply pushed its way inside <strong>the</strong> hospital without<br />

<strong>the</strong> help <strong>of</strong> an insider. The medical staff, however, did not attempt to prevent<br />

<strong>the</strong> media from filming inside <strong>the</strong> Emergency Section and on <strong>the</strong> ground floor<br />

<strong>of</strong> SMC in general, thus contravening <strong>the</strong> Code <strong>of</strong> Ethics in terms <strong>of</strong> patient<br />

confidentiality. 449<br />

837. The <strong>Commission</strong> concluded that unauthorised marches and protests<br />

did take place inside and outside SMC. The allegations faced by <strong>the</strong> medical<br />

staff concerning <strong>the</strong> participation and organisation <strong>of</strong> marches on <strong>the</strong> premises<br />

447 For reasons mentioned above, <strong>the</strong> <strong>Commission</strong> will not comment on <strong>the</strong> validity <strong>of</strong> legal<br />

charges concerning spreading <strong>of</strong> false rumours or any matters arising out <strong>of</strong> <strong>the</strong> application <strong>of</strong><br />

article 168 <strong>of</strong> <strong>the</strong> <strong>Bahrain</strong> Penal Code. Never<strong>the</strong>less, it is important to note that, at <strong>the</strong> hearing<br />

before <strong>the</strong> Court <strong>of</strong> Appeals <strong>of</strong> 23 October 2011, <strong>the</strong> Attorney General withdrew charges<br />

against <strong>the</strong> medical personnel arising out <strong>of</strong> article 168. He also withdrew charges arising out<br />

<strong>of</strong> articles 165 and 169.<br />

448 See paragraph 681.<br />

449 One <strong>of</strong> <strong>the</strong> doctors interviewed by <strong>the</strong> media showed <strong>the</strong> ID cards <strong>of</strong> patients allegedly<br />

working for <strong>the</strong> security forces, thus breaching <strong>the</strong> confidentiality requirement <strong>of</strong> <strong>the</strong> Charter<br />

<strong>of</strong> Medical Ethics.<br />

213

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