A/HRC/41/CRP.1 invitation, on the ground that they could only enter the scene with police and forensic teams, a reasonable demand in view of the purpose of the visit, an investigation into a murder. 281. There is no doubt that Saudi authorities were under no legal obligation to grant access to the Consular premises under the terms of the VCCR. Indeed, there does not appear to be any precedents, of sending State authorities or Consuls, granting access to consular premises to authorities of the receiving States for the purpose of an investigation. The killing of Mr. Khashoggi, on the premises of the Consulate, at the hands of officials, is highly unusual and one would not necessarily expect precedents to exist. 282. That Saudi Arabia did eventually grant access to Turkish investigators, for the express purpose of an investigation, is thus a positive step and a precedent that should be welcomed. From a diplomatic standpoint, it would be reasonable to expect Saudi Arabia, which was in the wrong, to grant access to the Consulate as soon as possible, in view of the nature of the incident, and the potential for rapid escalation (as indeed occurred). 283. It is however regrettable that the negotiations between Turkey and Saudi Arabia regarding a joint crime scene investigation took place over a two weeks’ period, during which time some 17 Saudi officials were present on the premises, engaging in their own activities which, whatever else they might have accomplished, resulted in a cleaning up of the crime scenes. 284. 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 they give access to the consulate to the Turkish authorities and that they do so in a prompt and effective fashion and in good faith. 285. Consular immunity was never meant to become a basis, tool or factor for impunity. Guarantees of immunity were never intended to facilitate the commission of a crime and exonerate its authors of their criminal responsibility or to conceal a violation of the right to life. 286. Saudi Arabia was entitled to protect the consular premises, including its confidential documents held on-site, against Turkish intrusion. This could have been achieved through and by negotiations, and by protecting confidential information and documents in relation to consular functions. Such process should have been done within a reasonable amount of time given the seriousness of the matter being investigated. The “protection” of confidential documents should not have included any items in relation to the execution of a killing. For instance, one would not expect this protection to require a thorough, forensic cleaning of the consulate. 287. Seventeen Saudi officials in total, allegedly all Mabahith officials (thereafter the postexecution teams), came to Turkey, as part of the official Saudi response to the disappearance and murder. The first team, made up of 10 persons, was present at the Consulate by 2:45 pm on 6 October. A second delegation, arrived on 10 October. They were followed on 11 October by a delegation of two, including a toxicology expert and a few hours later by another delegation of 3 persons. 288. Official Turkish records indicate that the post-execution teams were present in the Consulate and the residence until 15 October, working often late in the night. However, it does not appear that they or the Saudi Chief Prosecutor shared with their Turkish counterparts the evidence they may have collected during this period. The Saudi Public Prosecution made public a few of their findings on 15 November 254 but the statement was light on details, limiting itself to a few general allegations. 289. Evidence of a clean-up are twofold. First, a logical and reasonable inference may be drawn from the fact that Turkish investigators found limited reaction to Luminol and other tests, even though the dismemberment of Mr. Khashoggi body had reportedly taken place in the premises. To the extent that neither Turkey nor Saudi Arabia have subsequently challenged or rejected the allegation of dismemberment, the absence of reactions to blood or other body fluid points to two possibilities, alone or together. It may first indicate that many 254 58 https://www.spa.gov.sa/viewstory.php?lang=en&newsid=1841715

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