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Report of the Bahrain Independent Commission of Inquiry

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<strong>Report</strong> <strong>of</strong> <strong>the</strong> <strong>Bahrain</strong> <strong>Independent</strong> <strong>Commission</strong> <strong>of</strong> <strong>Inquiry</strong><br />

<strong>of</strong> SMC are based on witness statements and footage from <strong>the</strong> premises.<br />

Photographs received by <strong>the</strong> <strong>Commission</strong> show protesters, including some<br />

medical staff, participating in protests inside and outside SMC. Several<br />

aspects <strong>of</strong> <strong>the</strong> marches and protests near SMC are controversial. The accused<br />

medical staff allege that protests took place after work hours and that <strong>the</strong><br />

organised tents and podiums where approved by <strong>the</strong> MoH. The <strong>Bahrain</strong> Code<br />

<strong>of</strong> Medical Ethics does not permit protests or marches to take place during<br />

work hours. 450 The <strong>Commission</strong> could not confirm whe<strong>the</strong>r accused medical<br />

staff took part in protests during work hours. The organisers <strong>of</strong> any public<br />

meeting are required under <strong>Bahrain</strong>i law to notify <strong>the</strong> head <strong>of</strong> Public Security<br />

at least three days in advance and <strong>the</strong>re is no indication that such requests<br />

were submitted or granted. 451 In addition, according to <strong>Bahrain</strong> law, protests<br />

are for security and public order reasons not allowed to be organised close to a<br />

hospital. 452 Yet as mentioned above, photographs and video clips show<br />

protests taking place both inside and outside <strong>the</strong> hospital.<br />

838. The evidence presented to <strong>the</strong> <strong>Commission</strong> reveals that a number <strong>of</strong><br />

injured expatriates who were brought to SMC were first attacked by protesters<br />

in different locations in <strong>the</strong> city and that <strong>the</strong>y were also assaulted by <strong>the</strong><br />

protesters in front <strong>of</strong> <strong>the</strong> Emergency Section. Video tapes and witness<br />

statements show cases <strong>of</strong> mistreatment against patients because <strong>the</strong>y were<br />

Sunni expatriate workers and thought to be part <strong>of</strong> <strong>the</strong> security forces. Such<br />

conduct, which is on tape and supported by <strong>the</strong> statements is in contravention<br />

<strong>of</strong> <strong>the</strong> <strong>Bahrain</strong> Code <strong>of</strong> Medical Ethics. Fur<strong>the</strong>r, statements by witnesses<br />

suggest that <strong>the</strong> manner in which some <strong>of</strong> <strong>the</strong> doctors treated some injured<br />

expatriate persons rises to a level <strong>of</strong> human insensitivity and pr<strong>of</strong>essional<br />

disregard for medical ethics.<br />

839. As a result <strong>of</strong> <strong>the</strong> general situation in <strong>Bahrain</strong> as well as <strong>the</strong> specific<br />

events at <strong>the</strong> GCC Roundabout, and also as a result <strong>of</strong> <strong>the</strong> seizure <strong>of</strong> <strong>the</strong><br />

external part <strong>of</strong> SMC by <strong>the</strong> protesters who controlled access to <strong>the</strong> hospital,<br />

particularly on 14 and 15 <strong>of</strong> March 2011, <strong>the</strong> number <strong>of</strong> external patients<br />

accessing <strong>the</strong> hospital was significantly reduced. Statistics on admissions<br />

show a reduction in <strong>the</strong> number <strong>of</strong> admitted patients <strong>of</strong> approximately 50%<br />

and also a 30% reduction in <strong>the</strong> number <strong>of</strong> non-emergency surgeries. 453<br />

Thereafter, <strong>the</strong> clearance <strong>of</strong> <strong>the</strong> hospital by military and security personnel on<br />

16 March may have also contributed to <strong>the</strong> reduction in <strong>the</strong> number <strong>of</strong> patients<br />

admitted to SMC for a certain period <strong>of</strong> time.<br />

840. The <strong>Commission</strong> did not deem it part <strong>of</strong> its mandate to make an<br />

inventory <strong>of</strong> medical supplies at SMC or to determine whe<strong>the</strong>r <strong>the</strong>se supplies<br />

were used in <strong>the</strong> hospital or at <strong>the</strong> tent at <strong>the</strong> GCC Roundabout. However,<br />

<strong>the</strong>re is no evidence to support <strong>the</strong> allegation that medical personnel<br />

misappropriated medical supplies. In relation to <strong>the</strong> claim by <strong>the</strong> GoB that<br />

protesters used ambulances to transport protesters between <strong>the</strong> roundabout and<br />

450 <strong>Bahrain</strong> Medical Society Charter <strong>of</strong> Medical Ethics,<br />

451 Decree Law No. 18 <strong>of</strong> 1973 as amended by Law No. 32 <strong>of</strong> 2006, art 3.<br />

452 Decree Law No. 18 <strong>of</strong> 1973 as amended by Law No. 32 <strong>of</strong> 2006, art 11(b).<br />

453 File presented to <strong>the</strong> <strong>Commission</strong> by SMC entitled “Salmaniya Medical Complex Statistics<br />

between 14 February and 22 March 2011”.<br />

214

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