Bahrain’s Doctors in Chains

24 October.2011

Latest News regarding Bahrain’s Doctors in Chains:

On 23rd October the medics went back to court, unsure whether it was for an appeal or a retrial. The Public Prosecution dropped a few of the lesser charges and stated that a retrial would begin, starting on 28th November. The trial will be open to the public. We encourage everyone to write to their government to encourage them to send representatives to observe the proceedings to ensure a fair trial. This is a fact sheet handed out by the Public Prosecution in court on 23rd October regarding the proceedings: Public Prosecution statement on 23 Oct 2011 distributed in Appeal Court HERE

This is the response from the medics’ lawyers, released on 24th Oct: Arabic & English Medics’ Lawyers statement in reply to PP statement on 23 October 2011

In the name of God the most merciful and precious

Statement by the Lawyer of the Bahraini Medics regarding the Start of the Hearings before the Criminal High Court of Appeal The Criminal High Court of Appeal yesterday, 23rd October 2011, held its first hearings of the appeals filed by the Medical Staff and also by the Public Prosecution. In a precedent considered the first of its kind in the history of the Courts of Bahrain, the Public Prosecution distributed among the persons attending the Court hearing, just a few minutes before the hearing started, an English statement printed on the Public Prosecution’s letterhead papers, consisting of three pages. The statement was entitled “Fact Sheet for Hearing of 23.10.2011.”

In our capacity as the defense lawyers for the Medical Staff charged in the Case, we hereby lay our response to the Public Prosecution’s statement and also what the Public Prosecution’s representative recorded in the hearing minutes, as follows:

First: There is difference in the charges put against the Medical Staff before the Court of Appeal and those which were put against them before the military National Safety Court. The Public
Prosecution, for example, dropped three minor charges out of 14 charges put against them. The three charges which the Public Prosecution dropped from the list of charges are only misdemeanors
the punishment for which does not exceed a maximum of three years’ prison term. Those three misdemeanors are:

1. Public incitement of hatred to the ruling regime or showing contempt towards it, which is punishable according to Article 165 of the Penal Code. Statement by the Lawyer of the Bahraini Medics regarding the Start of the Hearings before the Criminal High Court of Appeal 1

2. Publicly broadcasting false or malicious news or statements which are detrimental to the public interest, which is punishable by Article 168 of the Penal Code.

3. Inciting others, by any method of publication, not to comply with the applicable laws or to do any act that constitutes a crime, which is punishable by Article 173 of the Penal Code.

Therefore, it is clear that the Public Prosecution maintained all charges against the Medical Staff the constitute felonies, which are the most grave and serious, mainly the following:

1. Occupying a public hospital which is punishable with up to life imprisonment as per Article 149 of the Penal Code.

2. Possessing arms without license which is punishable with up to 15 years’ imprisonment as per Article 7 of the Explosives and Arms Law.

3. Detaining public servants and preventing them of carrying their duties which is punishable with up to 15 years’ imprisonment as per Article 357 of the Penal Code.

4. Promoting the overthrow of the political system of the State by force which is punishable with up to 10 years’ imprisonment as per Article 160 of the Penal Code.

Practically speaking, dropping the said three minor charges by the Public Prosecution will have no impact on the prison sentences passed against the Medical Staff, in case the Court of Appeal upheld the ruling handed down by the military National Safety Court for any of the felony charges above-mentioned. This is because according to Article 66 of the Penal Code, a single punishment
which is that or the gravest offense will be applied. .FULLTEXT HERE