A/HRC/41/CRP.1
Special Rapporteur found a worrying tendency to value Intelligence information and leaks of
it, over facts and evidence.
39.
Intelligence gatherers generally operate in anticipation of an event that may, or may
never, take place and in pursuit of information, rather than evidence, that may provide a
government, institution, or corporation with an advantage. Intelligence gathering is an openended process, and there is rarely a definitive point at which “enough” intelligence has been
harvested. Think of a conveyer belt moving information from often disparate sources
constantly in front of intelligence officers. At some point, there comes a time when an
intelligence service or operative simply has to make a stab at assimilating what all this means.
There is rarely space for scrutiny from anyone outside the intelligence system. Outsiders may
be readily manipulated given they are unlikely to access the raw data or its sources. All these
considerations figured large in the Special Rapporteur inquiry and in her assessment of the
information to which she had access.
40.
The Special Rapporteur was provided access to recordings of conversations inside the
Saudi Consulate – from 28 September to 2 October, 2019 and pre-dating the killing of Mr.
Kashoggi. She also had access to a recording of the killing on the afternoon of October 2 of
Mr. Kashoggi inside the Consulate itself.
41.
Her review of these recordings has a number of limitations:
(a)
Recordings of only seven different conversations over a two-day period were
made available to the inquiry. Combined these amounted to 45 minutes of tape, when,
according to Turkish Intelligence, they had access to at least seven hours of recordings. The
remaining six hours and 15 minutes may or may not be relevant to the inquiry, but without
doubt there remains much more recorded information than that made available to the Special
Rapporteur.
(b)
The Special Rapporteur was not allowed to obtain clones of the
recordings so she could not authenticate any of the recordings. Among other aspects,
such authentication would have involved examination of the recordings’ metadata such as
when, how the data were created, the time and date of creation and the source and the process
used to create it.
(c)
The Special Rapporteur was accompanied by her own Arabic-English
interpreter. However, she was not permitted to retain any transcript of the
recordings not even what was purported to be an accurate English transcript. Her
delegation was also asked not to take notes while listening to the recordings.
(d)
Raw intelligence materials do not “divulge” their full stories immediately, as
those close to Turkey’s investigation advised. Background noises have to be
interpreted; conversations thought to be insignificant initially can become meaningful
once more information comes to light. In this instance, some of the available recordings were
less clear acoustically than others, making identification of those speaking difficult and
making interpretation of what was happening at any given time difficult too. For instance, on
the basis of recordings, the Special Rapporteur could not reach firm conclusions about what
they were told was the sound of a “saw” in operation. The Turkish authorities undoubtedly
have more information and intelligence about events in the Saudi Consulate than they were
willing or able to share with the inquiry.
Standards of credibility
42.
To avoid privileging allegations or information shaped to a particular narrative, the
Special Rapporteur sought to consider equally all the facts that were brought to her attention
and subject these to a similar standard of validation.
43.
To determine the credibility of information she received, the Special Rapporteur
sought, through cross-checking, to pay careful regard to the relevance, weight and reliability
of sources as well as to their relationship to the body of information, as a whole or evaluated
it by inductive reasoning. An allegation was deemed to be credible “if there was a reasonable
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