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
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