A/HRC/41/CRP.1 Mr. Mutreb, asked whether the “sacrificial animal” had arrived. Given the context, this could only be meant to refer to Mr. Khashoggi. At 13:15, Mr. Khashoggi arrived and he was taken to the second floor of the building, to or near the office of the Consul General. He was asked whether he would return to Saudi Arabia and he explained that he may, in the future. Someone suggests that Interpol has issued a Red Alert Notice and that he must return. Mr. Khashoggi replies that there is no such case against him. He was asked to text his son two or three times and he refused. He was asked to take off his jacket, at which point he appears to have seen a syringe and asked whether he was going to be drugged. During this exchange, one person is heard telling Mr. Khashoggi repeatedly to “cut it short.” The sounds of struggle last approximately seven minutes; sounds that intelligence experts have interpreted as asphyxiation using a bag. At 13:39, just 24 minutes after he arrived at the Consulate and 37 minutes after the discussion of dismemberment, a sound could be heard that Turkish Intelligence assessed to be saw.168 The sound of plastic sheets (wrap) could also be heard. Turkish Intelligence concluded that these sounds came after Mr. Khashoggi’s death and when Saudi team members were dismembering his body.169 207. One should use common sense when considering and evaluating this evidence, giving it “a reasonable and fair construction in the light of … common knowledge”. 170 If dismemberment of a body is discussed half an hour before the body is in fact dismembered, one can conclude that killing and dismemberment were intended, particularly when the perpetrators had the necessary tools to hand. Murder was intended to occur at some point. Whether this was meant to occur within the first 40 minutes of Mr. Khashoggi arrival in the consulate cannot be ascertained. 208. It also seems improbable that this plan to murder was hatched by the team on its own, or as has been apparently argued at trial, by the team leader alone, once on site. The presence of the pathologist on the 15-man team is relevant to determining what the original intent of the mission was by those who commissioned it. His presence suggests one of three options: 1) that murder was the primary intent of the mission; 2) that murder was planned after several days of interrogation; or 3) that murder was the immediate second option should Mr. Khashoggi refuse to return to Saudi Arabia. 209. It would appear improbable that any leader of a special operations team, would unilaterally change the mission to murder without authorization from his superiors. A unilateral decision to kill, in defiance of orders, would seem only to put the team, and particularly the team leader at risk. It is hard to accept the theory that the 15 persons team leader planned this murder without any authorization from superiors in Riyadh. 210. It is less clear, from the evidence, who on the 15 persons team was aware of the plan to kill. Experts consulted have suggested that Special Operations team members are usually all aware of the precise roles they will play and that they usually knew the exact purpose of the mission. However, it is not known whether those conventions applied here. It is the Special Rapporteur’s understanding that some of the individuals on trial in Saudi Arabia are disclaiming any advance knowledge that Mr. Khashoggi was to be killed. 211. The Saudi Prosecutor is seeking the death penalty allegedly against Mr. Mutreb, Dr. Tubaigy, Mr. Turki Alsehri, Mr. Fahad Albalawi and Mr. W. Alsehri. At a hearing on 17 March, it is reported that the official who drove the car from the Consulate to the Residence, insisted that he had no knowledge that he was transporting Mr. Khashoggi’s remains. Three team members are seen on CCTV carrying the bags, apparently containing Mr. Khashoggi’s remains, into the Residence. Mr. Almadani and Mr. Alqahtani performed a ruse to make it seem like Mr. Khashoggi had left, with Mr. Almadani wearing clothes taken from Mr. 168 169 170 The Special Rapporteur and her colleagues were not able to make that assessment. Pathologists consulted suggested that any cutting instrument can be used for the purpose of dislocating and dissecting a body, including kitchen tools although professional instruments (scalpels, surgical shears, etc.) would be best. One possible theory proposed by pathologists is that the blood was drained from the cadaver before dismemberment or aspirated during the dissection. Proposed jury instructions, https://www.justice.gov/atr/case-document/united-state-proposed-juryinstructions. 41