A/HRC/41/36 Vienna Convention on Consular Relations and of the prohibition against the extraterritorial use of force in time of peace (in accordance with customary law and the Charter of the United Nations). In killing a journalist, the State of Saudi Arabia also committed an act that is inconsistent with a core tenet of the United Nations, namely the protection of freedom of expression. As such, it can be credibly argued that the State of Saudi Arabia used force extraterritorially in a manner inconsistent with the purposes of the United Nations. Furthermore, the circumstances of the killing of Mr. Khashoggi may constitute an act of torture under the terms of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Saudi Arabia. Lastly, the killing of Mr. Khashoggi also constitutes to this date an enforced disappearance, since the location of his remains has not been established. Individual liability 8. The Special Rapporteur has determined that there is credible evidence warranting further investigation of the individual liability of high-level Saudi officials, including the Crown Prince. She warns against a disproportionate emphasis on identifying who ordered the crime, pointing out that the search for justice and accountability is not singularly dependent on finding a “smoking gun” and the person holding it. The search is also, if not primarily, about identifying those who, in the context of the commission of a violation, have abused, or failed to fulfil, the responsibilities of their positions of authority. Duty to investigate and consular immunity 9. The Special Rapporteur has found that the investigations conducted both by Saudi Arabia and by Turkey failed to meet international standards regarding investigation into unlawful death. 10. The Special Rapporteur found that, under the terms of the Vienna Convention, Saudi authorities were under no legal obligation to grant the Turkish investigators access to the consular premises. However, Saudi Arabia was under an international obligation to cooperate with the Turkish authorities in the investigation of the killing of Mr. Khashoggi. Such cooperation necessarily demanded that Saudi Arabia grant the Turkish authorities access to the consulate in a prompt and effective fashion and in good faith. Consular immunity was never intended to enable impunity. 11. The Special Rapporteur found credible evidence pointing to the crime scenes having been thoroughly, even forensically, cleaned, which indicates that the Saudi investigation was not conducted in good faith and that it may amount to obstructing justice. 12. Turkish investigators, accompanied by Saudi investigators, only had access to the consulate on 15 October 2018 for 6 hours and to the consular residences on 17 October for around 13 hours, where they also had to search the entire consular vehicle fleet. Their scientific and forensic inquiries were limited to “swabbing” and they were not allowed to drain a well located in the residence. The limitations imposed by Saudi Arabia on the Turkish investigation cannot be justified by the need to protect consular operations. 13. Turkish investigators decided not to search the Saudi consulate without proper authorization from the Saudi authorities. The Special Rapporteur found that this was the appropriate way to proceed: creating an exception to the Vienna Convention, which states that consular premises are inviolate, for the purpose of an investigation would have been unnecessary and disproportionate. 14. The Special Rapporteur also found that the fear expressed by Turkey of an escalation of the situation and retribution meant that the consular residences and consular cars were also not searched without permission, even though they are not protected by the provisions of the Vienna Convention. 15. The Special Rapporteur regrets that it appears that no international body or other State came forward with an offer to mediate between the two parties to negotiate prompt and effective access to the crime scene. That could also have helped to de-escalate the crisis, protect equally the Vienna Convention and human rights and address the fear of retaliation. Instead, it appears that other Member States pondered rather only their own national and 4