A/HRC/41/CRP.1
Khashoggi, the preeminent role of the Intelligence services, and the frequent public reports
and leaks of new and often gruesome or emotional details. International media outlets played
a key role as the main recipients, including of various leaks, over domestic media, as
commented upon by many during the inquiry. While all of these contributing to keeping the
killing of Mr. Khashoggi on the international agenda, there is little doubt that they would not
have facilitated the work of the police and prosecutors responsible for investigating a
sensitive and difficult murder.
324. Some commentators have suggested that the public behavior of the Turkish President,
along with leaks by the Intelligence sources, indicated that Turkey was not seeking a
diplomatic solution to what was quickly becoming a crisis. The Special Rapporteur’s analysis
differs. She believes that a “diplomatic solution” to the crisis was part of the objectives,
whatever this solution may have entailed. Access to the crime scene was a matter, which
could only be solved through diplomatic means.
325. Turkish officials and others have consistently insisted that the Government and the
investigators were seeking “not to escalate” the issue, including for fear of retaliation by the
Saudi authorities. Concerns over the Saudi capacity for retaliation figured very high on the
agenda at the time, according to many mid-level officials. These would have largely driven
the decisions not to enter the Saudi consulate residence, or search the Consulate cars or detain
Saudi persons of interest who were not protected by the VCCR or VDCR. Time and time
again, officials commented on the risks of escalation, on the risks for their Turkish citizens,
including State representatives based in Saudi Arabia and on the necessity to avoid placing
them in harms’ way.
326. Ultimately, the killing of Mr. Khashoggi raises important questions regarding the legal
implementation and limitations of the diplomatic immunity guarantees and demonstrates the
difficulties of enforcement whenever these guarantees are violated, particularly in complex
international and regional political environments. There is here an important role for the
international community, including for the United Nations decision-making bodies and
Member States that require further scrutiny and elaboration.
327. The Special Rapporteur regrets that no international body or State appears to have
come forward to propose to “mediate” between the two parties to negotiate a prompt and
effective access to the crime scene so as to de-escalate the crisis, address the fear of retaliation
and protect equally the VCCR and human rights obligations. Instead, it appears that other
Members States were pondering their various national and strategic interests while the United
Nations had no evident means of intervention or elected not to intervene. In retrospect, the
ultimate victim of these considerations, tit-for-tat and other maneuvers was justice for Jamal
Khashoggi and accountability.
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