A/HRC/41/CRP.1
not admission of guilt or scandal. We, Jamal Khashoggi’s family, were brought up by our
parents to thank acts of good not disavow.”
413. Taking accountability seriously means that the Saudi Arabia government must accept
State responsibility for the execution. The Saudi leadership must provide a public recognition
and apology to Mr. Khashoggi’s family, friends and colleagues for the execution. It must also
apologise to the Turkish government for the abuse of its diplomatic privileges and the
violation of the prohibition against extra territorial use of force. Finally, the Saudi
government must also apologise to the United States for executing its resident and, through
this act, undermining and attacking their constitution’s First Amendment.
414. Guarantees of non-repetition, similar to some satisfaction measures, contribute to
prevention, and include the following: ensuring effective civilian control of military and
security forces; ensuring that all civilian and military proceedings abide by international
standards of due process, fairness, and impartiality; strengthening the independence of the
judiciary; protecting the media, and human rights defenders; providing, on a continued basis,
human rights and IHL education to all sectors of society and training for law enforcement
officials as well as military and security forces; promoting the observance of codes of conduct
and ethical norms; reviewing and reforming laws as necessary.341
415. The Saudi authorities announced that King Salman had ordered a restructuring of the
General Intelligence Presidency, under the leadership of the Crown Prince. Five senior Saudi
officials were fired, including two that have been specifically mentioned for their role in
planning the killing of Mr. Kashoggi, including Royal Adviser Saud AlQahtani, and Deputy
Director of General Intelligence Ahmed Assiri. Subsequent reports, including official
statements from Western Governments, have suggested however, that at least Mr. Al
Qahatani is still in place, performing his advisory functions.
416. The restructuring of the Intelligence Services may thus demonstrate Saudi Arabia
implementation of an international obligation regarding non-repetition. But it is difficult to
reconcile such an interpretation with the identity of the person in charge of the restructuring
– who is the very same person against whom there is sufficient credible evidence to warrant
further investigation of his part in the execution of Mr. Khashoggi. Further, there has been
no subsequent information elaborating on the intended impact of the restructuring (or any
other measures) on the decision-making, training, and code of ethics of the Saudi Security
agencies, to name but a few issues of concern. Lastly, since the beginning of 2019, more
journalists and political activists have been detained by the authorities. At the time of writing
this report, the Special Rapporteur had received credible evidence that the CIA had notified
four Western countries of foreseeable and immediate threats against their residents who had
fled Saudi Arabia or another Gulf country. The Special Rapporteur can only conclude that
the Kingdom of Saudi Arabia has failed thus far to demonstrate that it is implementing its
obligation of non-repetition or that steps are taken in good faith.
417. Instead, one would expect the Kingdom of Saudi Arabia to demonstrate non-repetition
including by releasing all individuals imprisoned for the peaceful expression of their opinion
and belief; investigating all allegations of torture and lethal use of force in formal and
informal places of detention; investigating all allegations of enforced disappearances and
making public the whereabouts of individuals disappeared. It should also undertake an indepth assessment of the actors, institutions and circumstances that made it possible for the
execution of Mr. Khashoggi to be carried forward and identify the reforms required to ensure
non-repetition.
418. The Kingdom of Saudi Arabia has taken timid steps towards addressing its State
responsibilities in terms of prosecution and reparation. But these stop short of what is
expected under international law. The accountability gap is all the more worrying given that
it concerns a crime that has received an unprecedented level of attention and outcry
internationally, including official public condemnation the world over,s.
341
Id. ¶ 23.
83
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