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
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