A/HRC/41/CRP.1 not admission of guilt or scandal. We, Jamal Khashoggi’s family, were brought up by our parents to thank acts of good not disavow.” 413. Taking accountability seriously means that the Saudi Arabia government must accept State responsibility for the execution. The Saudi leadership must provide a public recognition and apology to Mr. Khashoggi’s family, friends and colleagues for the execution. It must also apologise to the Turkish government for the abuse of its diplomatic privileges and the violation of the prohibition against extra territorial use of force. Finally, the Saudi government must also apologise to the United States for executing its resident and, through this act, undermining and attacking their constitution’s First Amendment. 414. Guarantees of non-repetition, similar to some satisfaction measures, contribute to prevention, and include the following: ensuring effective civilian control of military and security forces; ensuring that all civilian and military proceedings abide by international standards of due process, fairness, and impartiality; strengthening the independence of the judiciary; protecting the media, and human rights defenders; providing, on a continued basis, human rights and IHL education to all sectors of society and training for law enforcement officials as well as military and security forces; promoting the observance of codes of conduct and ethical norms; reviewing and reforming laws as necessary.341 415. The Saudi authorities announced that King Salman had ordered a restructuring of the General Intelligence Presidency, under the leadership of the Crown Prince. Five senior Saudi officials were fired, including two that have been specifically mentioned for their role in planning the killing of Mr. Kashoggi, including Royal Adviser Saud AlQahtani, and Deputy Director of General Intelligence Ahmed Assiri. Subsequent reports, including official statements from Western Governments, have suggested however, that at least Mr. Al Qahatani is still in place, performing his advisory functions. 416. The restructuring of the Intelligence Services may thus demonstrate Saudi Arabia implementation of an international obligation regarding non-repetition. But it is difficult to reconcile such an interpretation with the identity of the person in charge of the restructuring – who is the very same person against whom there is sufficient credible evidence to warrant further investigation of his part in the execution of Mr. Khashoggi. Further, there has been no subsequent information elaborating on the intended impact of the restructuring (or any other measures) on the decision-making, training, and code of ethics of the Saudi Security agencies, to name but a few issues of concern. Lastly, since the beginning of 2019, more journalists and political activists have been detained by the authorities. At the time of writing this report, the Special Rapporteur had received credible evidence that the CIA had notified four Western countries of foreseeable and immediate threats against their residents who had fled Saudi Arabia or another Gulf country. The Special Rapporteur can only conclude that the Kingdom of Saudi Arabia has failed thus far to demonstrate that it is implementing its obligation of non-repetition or that steps are taken in good faith. 417. Instead, one would expect the Kingdom of Saudi Arabia to demonstrate non-repetition including by releasing all individuals imprisoned for the peaceful expression of their opinion and belief; investigating all allegations of torture and lethal use of force in formal and informal places of detention; investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared. It should also undertake an indepth 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. 418. The Kingdom of Saudi Arabia has taken timid steps towards addressing its State responsibilities in terms of prosecution and reparation. But these stop short of what is expected 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 the world over,s. 341 Id. ¶ 23. 83

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