A/HRC/41/CRP.1 II. Steps taken to date Prosecution in Saudi Arabia 399. At the time of writing this report, the Kingdom of Saudi Arabia has initiated prosecution and trial of 11 persons in relation to the execution of Mr. Kashoggi. The death penalty is being sought against five of the eleven. Five hearings have allegedly taken place from January to April 2019. 400. The fact that the Saudi authorities are currently prosecuting 11 individuals for their involvement in the killing of Mr. Khashoggi, all or the majority of whom are members of elite National Security Agencies is not a negligible step. But there are many problems with the way the authorities have proceeded with this trial; problems which undercut the original positive step. 401. Some of the violations of international standards, both in terms of proceedings and substance include the following: (a) The identities of those on trial has not been released and neither have the detailed charges brought against them. Under Saudi law, the names of those indicted are rarely made public. However, as highlighted above, this trial is not only a domestic, Saudi, matter. Provisions regarding the identity of those indicted should thus be deemed inapplicable. Moreover, the Government of Saudi Arabia has ignored these privacy provisions when it has served its purposes, such as in the on-going trial of women’s rights advocates when it released the identity of three women, including Aziza al-Yousef, Loujain al-Hathloul, Eman al-Nafjan and Hatoon al-Fassi. (b) Twenty one individuals had originally been detained. The Saudi judicial authorities have to date not explained whether the other ten individuals have been released, and if so, on what grounds. (c) One of the persons identified named in original statements by the Prosecutor, Mr. Saud Al Qahtahni, has not been charged to date. There is no evidence of any proceedings being initiated against him for his part in the execution of Mr. Khashoggi. (d) The trial, taking place at the Riyad Criminal Court, is held behind closed doors. The law of Saudi Arabia does not preclude public trial. Article 154 of the Criminal Code of Procedure states that: “Court sessions shall be public. The court may exceptionally consider the action or any part thereof in closed sessions or may prohibit certain categories of people from attending those sessions for security reasons, observance of public morality, or if it is necessary for determining the case.” The rules therefore leave it up to judges' discretion to decide whether the session will be public. In the case of the trial of Mr. Khashoggi’s alleged killers, the judge appears to have “ruled” against opening the trial to the public but has failed to issue a public demonstration as to why this is the case. (e) Saudi Arabia has insisted throughout the last six months that it was committed to and capable of delivering justice for the killing of Mr. Khashoggi, including by prosecuting those allegedly responsible. This can only be demonstrated through a public hearing that adheres strictly to fair trial guarantees, as recognized under international law: “The publicity of hearings ensures the transparency of proceedings and thus provides an important safeguard for the interest of the individual and of society at large. Courts must make information regarding the time and venue of the oral hearings available to the public and provide for adequate facilities for the attendance of interested members of the public, within reasonable limits, taking into account, inter alia, the potential interest in the case and the duration of the oral hearing.”325 325 Communication No. 215/1986, Van Meurs v. The Netherlands, para. 6.2. 79