Below is a translation of the final pleading from the Public Prosecution that was delivered at the appeal of the medics.
In the Appeal on “The occupation of Salmaniya Medical Complex”
Wa’el Bu-Allai, Chief Prosecutor, reiterated in his pleading that all evidence indicates that the accused took control of the Complex and occupied it, and they turned it into a prison where those abducted by the “Chief Troublemakers” were kept, and that they dragged the patients in chain without any sin except
that they were from a nationality that they hated.
He said that the mere planning to occupy a public building accompanied by preparing the ground for the crime, is a sinful attempt as per the law. He added that the confiscation of weapons even if not in the possession of the criminal does not deny the criminal possession as long as there is evidence to prove his connection to the weapons and their subjection to his will. He concluded that the accused had retreated from aiding people, denied patients treatment and held those abducted by the chief troublemakers as prisoners, pointing out that the report by the Inquiry Commission, which the accused took advantage of to defend themselves, contained in its clauses and conclusions a detailed explanation of the extent of crimes and violations by the accused.
At the beginning of his pleading the Chief Prosecutor Wae’el Bu-Allai said that the accused had took an oath of enmity for Bahrain, and to realize this oath they took advantage of the turmoil which almost destroyed the country, instead of helping to put down the fire, solve the crisis, and perform their duty towards preserving the unity of their country, they took advantage of the crisis for their own benefit, and to serve the purposes of those who had caused it in order to stir up the turmoil and spread the fire to all parts of the country. They played the main role in aggravating the turmoil and spreading its fire, to the extent that they were praised by those who had planned for it, and were given a pat on the back by them for giving them more than what they had dreamt for.
Since day one of the turmoil and as the first victim fell and arrived at Salmaniya Hospital, they set about implementing what they had intended and agreed upon in their meetings. They turned the Hospital, in which they worked, and which is a haven for every patient, regardless of his sex or color, into a branch for those who had gathered at the Roundabout and those who stage managed the events with their weird and eccentric ideas. It was like an artery beating with hatred connected to the Roundabout leaders, executing their orders, following their instructions, wearing their robe and promoting their thoughts.
They contributed towards setting up tents, attracting the mutineers and the crowds to their areas, and sparing no effort to accommodate the largest possible crowd in the Hospital courtyards, and sometimes, even in its corridors, because they knew that these armed mutineers are the means of their strength and their tools to achieve what they had planned for to facilitate the overtaking of the Hospital and to be the only ones controlling it and utilizing it to serve their purposes. They blocked all the Hospital entrances by ambulances after putting them out of action, in order to prevent their movement. They kept in touch with the crowd through a continuous presence among them and making instigatory speeches themselves or by the clergy men who were present at the Roundabout, as established by the attached recordings, in order to encourage
them to continue their presence to ensure their support and backing to achieve their goal. Indeed they got what they had sought and gained the upper hand, having the final and decisive word, with no other voice being allowed and no-one else given the chance to challenge their words and deeds, after what they saw of crowds on the Hospital gates armed with all types of weapons. Armed and rampant bodies who only understood the language of violence and destruction, as if they were tools of killing and torture for any one who disobeyed any order of theirs, or would dare to stand up to them or disagree with their desires.
He said that they utilized all the building’s installations plus the workers, patients and visitors to serve their own purposes. They turned it into a prison in which they detained those abducted by their masters and brought in by ambulances that they employed for that purpose. They used those ambulances to transport the detainees, and even to transport weapons to demonstrators, in some occasions. They dragged their patients in chains without any crime or sin, except being of a nationality hated by them. The first and the second accused even went as far as brining in firearms, ammunitions and cold weapons to use them when needed to impose their full control on the building. Some of them took advantage of that control and the presence of the crowd in the Hospital yards to promote the overthrowing and the change of the political regime by force and by illegitimate means. This was by saying and writing, by making speeches in pamphlets. They also committed the other crimes mentioned in the order of referral to the court.
Bu-Allai said that the Prosecution reiterates the dropping of charges linked to the freedom of opinion and expression, and in particular broadcasting false statements, inciting hatred for the regime and instigating people to disobey the laws. All this is mentioned to avoid debate and to save your time from being wasted in useless and trivial matters, while the Prosecution insists on the serious and dangerous crimes.
He said that reality reveals very clearly that the accused had occupied the building, dominated it and took control of all its physical components. To achieve that they used sufficient force. This occupation went through its various stages starting from the intention and planning then the attempt which led to the full control and domination. There is decisive physical and verbal evidence to prove all the above. Therefore, the defense’s argument about the realization of occupation is nothing but an argument about the out come, and not about the physical act which the law has incriminated and penalized for … i.e. the mere attempt.
Possession of Weapons
On the other hand what concerns us about the crime of possession of firearms, ammunitions and cold weapons is to emphasize what has been decided by the law, in that the bearing of responsibility in both cases of acquirement or possession, is contingent upon the proof of criminal’s connection to the confiscated items directly or through an intermediary, and the spread of his authority thereupon in any way willfully and with full knowledge, either by being in material possession of the object or by laying hands on it as property or by jurisdiction, even if physical possession does not materialize.
He added that, the confiscation of the weapons which are not in the possession of the criminal does not deny criminal possession as long as there is evidence of his connection to them and their subjection to his will, and thus his possession thereof legally.
Bu-Allai said that the papers are full of decisive evidence to prove that the accused had committed the acts attributed to them. This evidence is represented by the testimony of the investigating officer at the General Directorate For Criminal Investigations, the Head of Administrative Services at Slamaniya Medical Complex, administrative physicians at the Hospital whose names are mentioned in the proof list, plus what has been established by the Forensics Laboratory, the Crime Scene Section and the Chemical Tests, not to mention the complaints by victims and the copies of cases and verdicts, in addition to recordings and compilations attached which prove to you before your eyes what the accused had done and the consequences of their criminal behavior.
This testimony as a whole proves that the accused had controlled the SMC building with all its material components, and their individual disposition away from its official administration and the authority of the state in general. You’ll see beyond any doubt their solidarity with the crowds to consolidate their forceful control of the building, and their possession of firearms and ammunitions to emphasize the manifestations of the power. This as a whole led to the outcome sought which was the occupation of the Hospital and certainly proves by necessity and by the logical implication the act of attempt as incriminated by article 149 of the Penal Law …. with occupation being only a transitory stage thereof.
This testimony and the material evidence and documents attached, are proof of the fact that the accused, each in the field of his concern, have retreated from aiding people, prevented patients from receiving treatment, detained those abducted by the chief troublemakers during the events inside the Hospital and taken them as prisoners. They also participated in the gatherings, and committed other crimes as stated in the referral order, other than those dropped by the Prosecution.
Crimes Mentioned in Bassiouni Report
In addition to all the above and to prove these crimes we refer you to what the accused themselves had insisted on and relied upon in their defense during the past court sessions, We refer to the report by the Inquiry Commission, which includes in its clauses and conclusion a detailed explanation of the size of
crimes and violations by the accused, in particular in clauses 834, 836, 837, 838 and 847.
These clauses take the accused by their heads and tighten the charges on them.
The following phrases can be heard and read loudly:
- Some of the accused had political links with the opposition.
- They acted in accordance with a political agenda.
- Some of them led demonstrations inside the comple and outside in violation of the Law.
- These persons performed two roles, one of which was political, during the events, while they were expected to perform their professional, ethical and legal duties and responsibilities.
- They breached the Medical Code of ethics.
- Their treatment of injured expatriates falls under the category of disregard for human life and dispisement of Medical ethics.
- Most of the ground floor at SMC, including the Emergency Section, ICU and Administration was under the control of the medical crew.
- Cases of discrimination and mistreatment of patients have been proved.
The statement by the Commission is a true reflection of the state of SMC during the events, and is a detailed statement of the roles of the accused which proves their occupation of the building, ad gives decisive evidence on their commitment of the other crimes under this occupation.
More importantly, this is an evidence of the degradation of the accused who had given up all the moral values imposed upon them by their profession. They have no right from now on to come out with illusive phrases and positions. No matter how that they are steady on their principles, and bring up to you those who they glorify and for whom they bow their heads, and regardless of all their talks about patriotism claimed and artificial virtues, all that will not relieve them from the shame of having insulted their country, degraded their profession, something which takes them below the status of humanity. All that, does not exempt them from accountability and punishment. Therefore, the Prosecution requests the court to hand down the appropriate legal punishment on the accused at its discretion.