A/HRC/41/CRP.1
as a whole, as well as for global peace and security, have been the object of multiple studies
and denunciation, including by Special Procedures.
469. As the inquiry into Mr. Khashoggi’s killing has highlighted, such implications are
further compounded when the victims of such acts live in exile. The circumstances that
triggered the human rights inquiry into the execution of Mr. Khashoggi, the many interviews
conducted along with her research into the scale of the problem, have led the Special
Rapporteur to conclude that this inquiry should not be a one-off. The United Nations should
equip itself with the means and instruments to effectively investigate targeted killings and
disappearances. The proposal that follows is offered as a preliminary reflection on what this
means.
470. A Standing Investigatory and Accountability Mechanism is proposed that would have
interrelated functions such as:
(a)
To investigate, in accordance with criminal law standards (international or
national standards), allegations of targeted killing or disappearances by collecting and
analysing evidence of such violations;
(b)
To facilitate strengthened judicial accountability, including by identifying
possible avenues for the administration of justice at national, regional and international
levels;
(c)
To prepare files to facilitate and expedite fair and independent criminal
proceedings in accordance with international, regional or national law standards, in courts
or tribunals that have, or may have in the future, jurisdiction over the crimes being
investigated;
(d)
To identify other mechanisms for delivery of justice and ending impunity,
including at political and diplomatic levels.
471. Such a standing instrument could be established through a resolution of the United
Nations General Assembly or a resolution of the Human Rights Council. It could be activated
by a member State in writing to the Secretary General or to the President of the Human Rights
Council.
472. The Standing Instrument should be composed of independent international experts in
investigations and prosecutions, as well as Special Procedures and Treaty-Bodies members.
It could be supported by a secretariat that may be in use for other purposes such as that for
the International Impartial and Independent Mechanism (IIM) or the Secretary General’s
Mechanism for Investigation of Alleged Use of Chemical and Biological Weapons. The
Secretariat should have operational and administrative autonomy and flexibility to allow for
the realization of the Mandate of this instrument to be fully implemented.
94
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