IN THE NAME OF GOD THE MOST MERCIFUL AND PRECIOUS
Statement by the Lawyers of Bahraini Medics sentenced on 29th
September 2011
STATEMENT REGARDING THE TRIAL OF MEDICAL STAFF BEFORE
THE SPECIAL MILITARY TRIBUNAL IN BAHRAIN
Out of our professional ethics and moral duty, we followed, as lawyers for
the medical staff of doctors, nurses and paramedics tried in the National
Safety’s military court, the legal court proceedings and were extremely
shocked and astonished with the verdicts passed on our clients on the 29th
of September 2011.
The conviction was in regard to many accusations which included: terrorism against the state; occupation of the main government hospital; plotting to overthrow the regime; seizure of drugs and medical equipment; and participation in anti‐government protests.
The sentences passed included 15 years imprisonment for 13 of our clients,
10‐year prison terms for two of the clients, and 5‐year prison terms for the
remaining five.
The most essential elements for a fair trial were not available in this trial
which encompasses many grave breaches of internationally recognized
rights for both the accused and the defense, it also lacked of the most basic
rights which are stipulated largely in the domestic laws. The most
prominent of these violations of the foundations of fair trials can be
summarized in the following:
FIRST: ILLEGAL ARREST AND SEARCH
1. Unjustified use of violence and force during arrests and without any
kind of arrest warrants despite numerous requests to produce these
legal documents by each of the Medics. Forceful entry and vandalism
of property which was carried out by tens of masked persons who
were later known to be security personnel.
2. The Medics were subjected to excessive use of violence by the
security forces in front of family members during their arrest.
3. Vandalism of many collectables, domestic items, and items of
worship within the households of the Medics, with the use of verbal
abuse towards their religious beliefs during their arrests.
4. During the arrests, various personal belongings and documents were
taken from the Medical team houses including computers, mobile
phone devices, and vast amounts of cash (in some cases, most of
these belongings were returned to the accused apart from cash
money).
SECOND: TORTURE
1. The Medics were subjected to torture upon arrest. Methods of
torture during arrests included direct sever blows to the body via
punching and kicking.
2. The Medics were blindfolded and handcuffed from the moment of
the arrests and were maintained in the same condition for several
weeks thereafter.
3. Many of them were forced to stand continuously for prolonged
periods of time (weeks).
4. They were deprived of sleep during the times when they were forced
to stand.
5. They were condemned to solitary confinement for many weeks and
were prevented from speaking or communicating with others, apart
from the interrogation times.
6. The use of repeated violence (3‐4 times daily) was carried out on
daily basis.
7. The accused were subjected to water spraying while having the air
conditioning on cold, despite the low ambient temperature at that
time.
8. The accused were subject to continuous verbal abuse on a regular
basis with regards to themselves, their families and their religious
believers and affiliations.
9. Some of the accused, and in particular, the females, were subject to
sexual harassments.
10. The accused were prevented from all kinds communication with the
outside world for over 3 months and were not allowed access any
form of media (Televisions, radios, or newspapers)
THIRD: FORCED CONFESSIONS UNDER DURESS
1. The accused were repeatedly and continuously interrogated many
times over a period of many weeks by various individuals for
prolonged periods of time to ensure loss of any ability of
concentration.
2. The accused were interrogated under constant threat of abuse and
physical attack.
3. Been deliberately deluded d of things that did not happen, such
as rape or arrest of their family members, or the conduct of theft of
patients’ parts by other detained doctors.
4. Confessions were instructed and extracted under force and threats of
continued torture.
5. They were forced to sign confessions and documents without being
aware of its content, and this happened on several occasions during
the interrogations until the trail.
6. Were forced and directed to make lengthy "confessions" under
duress in front of a video camera. Media officials have confirmed the
existence of such recordings in their statements, published two days
after the verdict of the Court of National Safety Court on 29/09/2011.
FOURTH: THE LACK OF THE BASIC ELEMENTS OF A FAIR TRAIL
1. The Medics (who are civilians) were tried in a military court, contrary
to the express provisions stipulated in the Bahraini Constitution
section 105.
2. The National Safety Court is a special military court created by the
declaration of the State of National Safety Decree (i.e. the
declaration of the state of emergency). The state of emergency was
imposed from mid March 2011 and has officially been ended at the
beginning of June 2011. Despite the cessation of the state of
emergency, the military trial continued for the Medics, which was in
breach of their constitutional rights which states that they must be
tried in a civilian court as opposed to a military court.
3. The existence of an organized media campaign against the Medics in
official and semi‐official national media especially State TV and
Radio. The campaign involved direct calls and incitement of hatred
against the Medics amongst other forms and acts of indictment and
conviction of the Medics either before the commencement of the
trial or during it, even by government ministers and officials.
4. Preventing lawyers access to the Medics throughout the period since
their arrest up to the beginning of the trial before the Special Military
Tribunal
5. Preventing the presence of lawyers during interrogations by the
Criminal Investigation Directorate or the Military Prosecution despite
the prior notification of those authorities by the lawyers of the
lawyers’ request to attend all interrogations.
6. Lawyers were denied access to meet or visit with their clients before
the commencement of the trial in order to establish the
requirements of basic defense elements.
7. Lawyers were informed of the first hearing of the trial via telephone
calls and before the hearing by a very short period (not even 24
hours for most of them) and without receipt of the charge sheet.
8. Delay in providing the lawyers with the case files (i.e. charge sheet,
minutes of interrogations and other documentary evidence attached
to the charge sheet) to enable the lawyers to prepare their defense
before the trial hearing.
9. The extremely short adjournments between the hearings which
resulted in leaving no proper time for the lawyers to prepare and put
forward an adequate defense.
10. The Court refused to investigate the persistent claims of torture by
the Medics.
11. The Military Court denied the Medics permission to speak during the
court hearings despite several written and verbal requests by the
defense lawyers. The Court did refuse to hear any claims of torture
and ill treatment, and was not prepared to listen to any statements
brought forward by the Medics in this particular regard.
12. The court rejected the lawyers repeated requests to record in the
hearing minutes the signs of torture visible on the Medics bodies.
13. The Court refused to refer any of the Medics to an independent and
impartial medical committee to investigation into the torture claims.
The Military Court decided to refer some Medics only to the
Governmental Forensic Doctors who on many previous occasions
proof to be non‐neutral and lack objectivity and impartiality.
14. The evident delay in the presentation of some of the Medics to the
Governmental Forensic Doctor for nearly three months in order
to ensure the disappearance of the effects of torture.
15. The Military Court's refusal to halt proceedings pending the issuance
of the Royal Investigation Commission report. The said Commission is
an official body in charge of investigating violations of human right
during February and March events in Bahrain especially those events
that took place in Salmaniya Medical Centre i.e. the same events
subject matter of the crimes allegedly committed by the Medics. The
Commission had brought in international forensic experts in
torture who had examined the Medics during the course of the trial
and are expected to include their findings regarding the Medics in
the Commission report awaited at the end of this month of October.
16. The Military Court's refusal to call witnesses from the Ministry of
Health staff who have confirmed their serious fears of taking
administrative action against them if they went to testify without
permission from the Ministry or call from the Court.
17. The Military Court interference with the content of the testimony of
witnesses such as by refusing to direct substantial questions to them,
especially those related to the type of the injuries that resulted from
the intervention of security forces and the army to break up sit‐ins
and peaceful demonstrations.
18. Continuation of the media campaign of public incitement of the
Medics, although the proceedings are still ongoing because
the verdict is still not a final and is subject to appeal.
We the lawyers for the Medics; call on everyone to stand in solidarity with
them and their cause of humanity.
A stand invoking conscience and do not stop only at the extent of sympathy and sorrow to their violated rights and the injustice and violence they were and still subjected to.
A stand that we hope to turn into a peaceful comprehensive dynamic awareness campaign to halt what they are exposed to of injustice.
A stand that will recognize and reinstate them as they are the elite of Bahrain’s civilized and cultured society.
Their entire fault is that they committed themselves to the performance of their moral and professional duty and honor of their profession; they have treated the injured that were wounded during the intervention of security forces to break up sit‐ins and demonstrations demanding reform and democracy.
They had treated those who were in need of treatment, regardless of political opinion, and thus, it is inhuman and unfair to be tried as criminals and without regard for their basic rights.
Lawyers
Hafedh ALI Hameed ALMULLA
Jalila SAYED Ahmed JASIM
Isa IBRAHIM Abdulla ALSHAMLAWI
Hassan RADHI Sami SAYADI
Mohamed ALTRANJA Abdulhadi ALQAYDOOM
Abduljalil ALARADI Ali A.Hussain SALEH
