A/HRC/41/CRP.1
8.
The Special Rapporteur found credible evidence pointing to the crime scenes having
been thoroughly, even forensically, cleaned. These indicate that the Saudi investigation was
not conducted in good faith, and that it may amount to obstructing justice.
9.
Turkish investigators, accompanied by Saudi investigators, only had access to the
Consulate on the 15th October for 6 hours and to the Consul’ residence on 17th October for
around thirteen hours, where they also had to search the whole consular vehicle fleet. Their
scientific and forensic inquiries were limited to “swabbing” and they were not allowed to
drain a well located in the residence. The limitations imposed by Saudi Arabia on the Turkish
investigation cannot be justified by the need to protect Consular operations.
10.
Turkish investigators decided not to search the Saudi Consulate without proper
authorization from the Saudi authorities. The Special Rapporteur found that this was the
appropriate way to proceed: creating an exception to the VCCR grounded inviolability of the
Saudi Consular premises for the purpose of an investigation would have been unnecessary
and disproportionate.
11.
She also found that Turkey’s fear over an escalation of the situation and retribution
meant that the consular residences or consular cars were also not searched without permission
even though they are not protected by the VCCR.
12.
The Special Rapporteur regrets that it appears no international body or other State
came forward with an offer to “mediate” between the two parties to negotiate prompt and
effective access to the crime scene. This could have been done to also help de-escalate the
crisis, protect equally the VCCR and human rights, and address as well the fear of retaliation.
Instead, it appears that other Member States pondered rather only their own national and
strategic interests. The United Nations either considered it had no evident means of
intervention or elected not to intervene. In retrospect, it is evident that the ultimate casualty
of these considerations was justice and accountability for Jamal Khashoggi.
Duty to protect and to warn
13.
On the basis of credible information at her disposal, the Special Rapporteur has
concluded that there is insufficient evidence to suggest that either Turkey or the United States
knew, or ought to have known, of a real and imminent or foreseeable threat to Mr.
Khashoggi’s life. There was credible evidence to suggest that, had Mr. Khashoggi returned
to Saudi Arabia, or been lured there, he would have been detained, possibly disappeared, and
harmed. These risks were not linked to his life or presence in his countries of residence,
namely the US or Turkey. She did not secure credible evidence that US authorities had
intercepted the Saudi Crown Prince’s communications or that such intercepts had been
assessed before the time of the killing of Mr. Khashoggi.
14.
The killing of Mr. Khashoggi has highlighted the vulnerabilities of dissidents living
abroad, and the risks they are facing of covert actions by the authorities of their countries of
origin or non-State actors associated to them. The States of the countries where they have
found residence or exile are under an obligation to respect their human rights, and protect
them against violence by the States of the countries they have escaped from. This obligation
should entail, namely:
(a)
The duty to protect is triggered whenever Governments know or ought to know
of a real and immediate threat or risk to someone’s life;
(b)
Such an obligation to protect includes, but is not limited to, a duty to warn the
individual of an imminent threat to their life
(c)
The obligation to protect, including the duty to warn, is imposed on all
Governments agencies and institutions, and thus includes Intelligence Agencies
(d)
The obligation to protect applies regardless of the status of citizen or alien on
the territories of the State.
(e)
The obligation to protect, including the duty to warn, demands that risks
assessment take into account whether some individuals may be particularly at risk because
of their identity or activities, such as journalists or human rights defenders.
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