A/HRC/41/CRP.1 Khashoggi. The Consul General made arrangements at the Consulate and Residence. It is unclear what the remaining members of the team did and what their knowledge and intent were. However, even if they were aware that the objective of the mission was a kidnapping, this too would have been an illegal operation for which they will be liable. Possible Accident 212. The suspects in the Saudi trial have suggested that Mr. Khashoggi’s death was an accident. While the Special Rapporteur does not know specifically what the defendants are saying, it has been suggested that they are arguing Mr. Khashoggi was either overdosed (according to the Prosecutor’s statement in November) or possibly accidentally smothered. At the trial in Saudi Arabia, three of the officials on trial have allegedly said that Mr. Khashoggi started screaming, so they covered his mouth to prevent him from making noise, which accidentally killed him. 213. The evidence of premeditation strongly weighs against any claim of accidental death. In the tape that the Special Rapporteur heard of Mr. Khashoggi’s killing, Mr. Khashoggi did not start screaming. There were no expressions of surprise or shock at his death among the Saudi officials present at the scene. There were no sounds or words that suggested an attempt to resuscitate him. The sounds and conversation appear inconsistent with an unexpected death. The Special Rapporteur notes that it is possible that some members of the Special Mission Team, particularly those who were not physically present in the room, were told or believed that the death was accidental. III. State Responsibility for the execution of Mr. Khashoggi Determination of State responsibilities: Applicable Standards 214. “Deprivation of life involves an intentional or otherwise foreseeable and preventable life-terminating harm or injury, caused by an act or omission.”171 The “intentional taking of life by any means is permissible only if it is strictly necessary in order to protect life from an imminent threat.”172 215. A State is obligated to take all necessary steps to ensure its officials do not perpetrate an attack causing an extrajudicial killing or arbitrary deprivation of life. 173 In particular, a State must take all necessary steps to prevent killings resulting from the “excessive or illegal use of force by a public official or other person acting in an official capacity or by a person acting at the instigation, or with the consent or acquiescence of such person”. 174 To prevent such killings, a State must “ensure strict control, including a clear chain of command over all officials responsible for apprehension, arrest, detention, custody and imprisonment” and shall “prohibit orders from superior officers or public authorities authorizing or inciting other persons to carry out” any such killings.175 In other words, State officials have an obligation both to control and adequately supervise their officers and to ensure that their own statements cannot be construed, correctly or incorrectly, as encouraging murder. 216. rticle 7 of the International Law Commission Draft Articles on the Responsibility of States for Internationally Wrongful Acts (thereafter ILC States responsibilities) provides that the conduct “of a person or entity empowered to exercise elements of the governmental authority shall be considered an act of the State under international law if the … person or entity acts in that capacity, even if it exceeds its authority or contravenes instructions.” The Commentary explains: 171 172 173 174 175 42 GC 36, para. 6 GC 36, para. 12 Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, 1989. UN Principles,1989, para. 1. (1989 UN Principles, paras. 2-3).