A/HRC/41/CRP.1
have a duty to cooperate internationally in investigations of potentially unlawful death,
particularly when it concerns an alleged international crime. 239 For instance, in Europe,
although primary responsibility for investigating death lies with the State of jurisdiction (i.e.
where the body has been found or the victim has died), all parties to the European Convention
on Mutual Assistance in Criminal Matters are under an obligation to assist the investigating
State, where a legal request for such assistance has been sought.240
Cooperation
263. States have duties of international cooperation in investigations of potentially
unlawful deaths, particularly when they concern alleged international crimes such as
extrajudicial execution or enforced disappearance.241 Such obligations are no doubt further
heightened in the case of Mr. Khashoggi’s murder, given the location of the crime (abroad,
and in a consulate) and the complex legal issues it generates. The obligation of cooperation
was imposed on both Turkey and Saudi Arabia.
Principles
264. International law requires that investigations be: (i) prompt; (ii) effective and
thorough; (iii) independent and impartial; and (iv) transparent.242
265. Investigators and investigative mechanisms must be, and must be seen to be,
independent of undue influence. They must be independent institutionally and formally, as
well as in practice and perception, at all stages. Investigations must be independent of any
suspected perpetrators and the units, institutions, or agencies to which they belong.
266. Investigative processes and outcomes must be transparent, including through
openness to general public scrutiny, and to that of the families of victims. Transparency
promotes the rule of law and public accountability and enables external monitoring of the
efficacy of investigations. It also enables the participation of the victims, defined broadly, in
the investigation. States should adopt explicit policies regarding the transparency of
investigations. States should, at a minimum, be transparent about the existence of an
investigation, the procedures to be followed in an investigation, and an investigation’s
findings, including their factual and legal basis.
A key role for family members
267. Family members have the right to take part in an investigation into an unlawful death,
and to obtain available information on the causes of death. Family members have the right
to equal and effective access to justice; to adequate, effective and prompt reparation; to
recognition of their status before the law; 243 and to have access to relevant information
concerning violations and accountability mechanisms.
Objectives
268.
Investigations must, at a minimum, take all reasonable steps to:
(a)
239
240
241
242
243
Identify the victim(s);
IACtHR, La Cantuta v. Peru, Judgment, 29 November 2006, para. 160.
European Convention on Mutual Assistance in Criminal Matters, adopted 20 May 1959, entered into
force 12 June 1962, Council of Europe Treaty Series (CETS) No 30, Chart of signatures and
ratifications of Treaty 030, http://www.coe.int/en/web/conventions/full-list//conventions/treaty/030/signatures?p_auth=N4ZRRk5p : accessed 15 March 2017
IACtHR, La Cantuta v. Peru, Judgment, 29 November 2006, §160.
Human Rights Committee, General Comment No. 31, op. cit., §15.
Art. 24(6) ICPED obliges States Parties to adopt adequate measures (for example, issuing certificates
of absence due to enforced disappearance) to regulate the legal status of a disappeared person and
his/her relatives in fields such as social welfare, family law and property rights. See WGEID, General
comment on the right to recognition as a person before the law in the context of enforced
disappearances, General Comment No. 11, 2011, in UN doc. A/HRC/19/58/Rev.1 (2012), para. 42.
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