A/HRC/41/CRP.1
understood the double edged sword of the on-line world as both a powerful tool for liberty
and a powerful tool for control and propaganda. They were developing projects to better
monitor use of social media to instill fear, promote propaganda, and control State media with
a view to developing effective counter strategies and messages. As highlighted throughout
this report, before he was executed, Mr. Khashoggi had been subjected to silencing and
censorship, with his large number of followers and his articles for the Washington Post
perceived as unacceptable threats. There is no more fitting legacy than to ensure that others
like him are both protected and supported in their efforts to counter incitement, hatred and
threat, both on-line and off-line.
456. The Special Rapporteur is thus recommending that institutional and private donors
allocate funds to projects and programs in memory of Jamal Khashoggi. Donors could come
together to establish a Jamal Khashoggi fund for the purpose of supporting the protection and
advance of freedom of expression and democracy in the Middle East.
457. Turkey, in turn, should build on its response to the killing of Mr. Khashoggi by freeing
all those currently detained for the peaceful expression of their views and opinions, and
should refrain from bringing such charges in the future.
458. Saudi Arabia must release all individuals imprisoned for the peaceful expression of
their opinions and beliefs; investigate all allegations of torture and lethal use of force in
formal and informal places of detention; and, investigate all allegations of enforced
disappearances and making public the whereabouts of individuals disappeared.
VII.
Re-enforcing the capacities of the UN to respond to acts of violence
against, and killings of, journalists, human rights defenders and other
activists.
459. Impunity has been found repeatedly to be a major driver of the high incidence of
murders of journalists and human rights defenders. Such impunity prevails in many
countries, including in those that possess a legal system that at least on its surface is
characterized by generality, equality, and certainty. There are a range of reasons why those
who kill journalists or human rights defenders are not brought to justice in domestic legal
systems, including intimidation, fear and undue influence through corruption. While
impunity for such crimes may be most apparent at the conclusion of court processes, e.g. at
the point of a non-guilty verdict, it is often enough the failure to investigate effectively the
crime that brings that impunity about (e.g. A/HRC/20/22, para 43).
460. Many initiatives of the United Nations, including Special Procedures, aim at better
institutionalizing protection and tackling impunity. These include the UN Declaration on
Human Rights Defenders, a milestone in the protection of defenders whose 20th anniversary
was celebrated in 2018360, and the UN Plan of Action on the Safety of Journalists361.
461. Special Procedures, as noted by a former Special Rapporteur 362, have a mandate to
cover all countries (not only those that have ratified particular human rights treaties). They
do not require the exhaustion of domestic remedies and they have the ability to move quickly.
To help achieve accountability, they can communicate allegations to States promptly when
journalists have been killed. Special Procedures in the global and regional systems have also
made joint declarations condemning the killing of journalists or defenders. Of particular
importance for prevention, however, is their power to send urgent appeals to States where
journalists and others are under threat.
462. The Special Rapporteur has found that the failure to investigate effectively,
impartially, independently, in good faith and promptly, constitutes a key driver for impunity.
The Special Rapporteur further believes that her human rights inquiry into the execution of
Mr. Khashoggi can enhance efforts to promote effective investigation and thus that hers
should not be a one-off exercise. This first experience should be enhanced for the purpose of
360
361
362
92
https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx
https://en.unesco.org/un-plan-action-safety-journalists
A/HRC/20/22
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