A/HRC/41/36 strategic interests. The United Nations considered either that it had no evident means of intervention or elected not to intervene. In retrospect, it is evident that the ultimate casualty of those considerations was justice and accountability for Jamal Khashoggi. Duty to protect and duty to warn 16. On the basis of credible information at her disposal, the Special Rapporteur has concluded that there is insufficient evidence to suggest that either Turkey or the United States of America knew, or ought to have known, of a real and imminent or foreseeable threat to the life of Mr. Khashoggi. There was credible evidence to suggest that, had Mr. Khashoggi returned to Saudi Arabia, or been lured there, he would have been detained, possibly disappeared, and harmed. Those risks were not linked to his life or presence in his countries of residence, namely the United States and Turkey. The Special Rapporteur did not secure credible evidence that United States authorities had intercepted the communications of the Saudi Crown Prince or that such intercepts had been assessed before the time of the killing of Mr. Khashoggi. Duty to prosecute and reparations 17. Saudi Arabia has taken timid steps towards addressing its State responsibilities in terms of prosecution and reparation. However, those steps stop short of what is required under international law. The accountability gap is all the more worrying given that it concerns a crime that has received an unprecedented level of attention and outcry internationally, including official public condemnation around the world. 18. The ongoing trial in Saudi Arabia of 11 suspects in the killing of Mr. Khashoggi, while an important step towards accountability, fails to meet procedural and substantive standards. The trial is being held behind closed doors; the identity of those charged and those facing the death penalty has not been released. At the time of writing, at least one of those identified as responsible for the planning and organizing of the execution of Mr. Khashoggi has not been charged. 19. The Government of Saudi Arabia has invited representatives of Turkey and of the permanent members of the Security Council to attend at least some of the hearings. It is particularly concerning that, given the identity of the observers, the institution of the Security Council has itself been made complicit in what may well amount to a miscarriage of justice. 20. The Special Rapporteur has been told that observation of the trial was conditional upon agreement not to disclose its details. Trial observation under such conditions cannot provide credible validation of the proceedings or of the investigation itself. 21. In view of her concerns regarding the trial of the 11 suspects in Saudi Arabia, the Special Rapporteur calls for the suspension of the trial. 22. To date, the State of Saudi Arabia has failed to offer public recognition of its responsibility for the killing of Mr. Khashoggi and has failed to offer an apology to Mr. Khashoggi’s family, friends and colleagues for his death and for the manner in which he was killed. The Special Rapporteur obtained information regarding a financial package offered to the children of Mr. Khashoggi, but it is questionable whether such package amounts to compensation under international human rights law. 23. The restructuring of the Saudi intelligence services announced by King Salman Bin Abdulaziz Al-Saud is a step towards non-repetition, but it is insufficient. For instance, no subsequent information has been provided elaborating on the impact of the restructuring on the decision-making, training and codes of ethics of the security agencies. Instead, it would be expected that Saudi Arabia would demonstrate non-repetition, including by: releasing all individuals imprisoned for the peaceful expression of their opinions and beliefs; investigating all allegations of torture and lethal use of force in formal and informal places of detention and of enforced disappearances; and making public the whereabouts of disappeared individuals. Saudi Arabia should also undertake an in-depth assessment of the actors, institutions and circumstances that made it possible for the execution of Mr. Khashoggi to be carried forward, and identify the reforms required to ensure non-repetition. 5