A/HRC/41/CRP.1 basis to believe, at the time of the inquiry, that the underlying act or event occurred. This standard gives rise to a legal responsibility for the State or other actors to respond…”3 44. To evaluate the recordings, in the absence of copies or clones, she asked for the expert opinion of others who had access to the recordings, including representatives of foreign governments. Their opinions were given to her informally. She also, to the extent possible, triangulated Intelligence (information and analysis) with other facts, such as CCTV footage, interviews, contextual information, historical patterns, etc. 45. This report lists allegations for which no independently verified evidence could be identified, including allegations made in media articles reporting on information supposedly leaked by US Intelligence officials, in the first place, from the CIA. Such evidence is not considered to be a sufficient basis on which to extract definite conclusions. This does not mean that such allegations are incorrect. It means that to date the Special Rapporteur has not been able to substantiate them. 46. The Special Rapporteur reviewed four potentially credible hypotheses related to the unlawful death of Mr. Khashoggi: 1) premeditated killing: 2) rendition with premeditated killing if rendition proved unsuccessful; 3) the result of an accident in the course of rendition; 4) a decision to kill on site by members of the Saudi team. 47. As is commonly the case in criminal investigations, the Special Rapporteur relied on facts and logical inference to draw her conclusions. It is also accepted in law that circumstantial evidence when taken together can offer compelling evidence of responsibilities. Conduct preceding specific incidents can also give rise to justifiable inferences as can evidence as to the nature of relationships between relevant actors. For instance, knowledge of the decision-making approach and hierarchy within a Government can allow reasonable inferences to be drawn as to who had knowledge of a well organised, resourced and carefully conducted mission by state personnel. Overlapping legal frameworks 48. The inquiry into the killing of Jamal Khashoggi sought to select and evaluate facts against international human rights law. Such an approach, however, was not sufficient. For instance, the killing raises questions of jurisdiction over its adjudication which go to the heart of accountability. Similarly, the fact that the killing took place in a consulate, in violation of the Vienna Convention on Diplomatic and Consular Relations (VCDCR), is central to the analysis of the facts and to any assessment of responsibilities. This inquiry has thus recognized and is grounded in the recognition of the complementarity of international criminal and human rights law. In addition, it analysed the facts against the VCDCR and the UN Charter provisions on the extraterritorial use of force. 49. This inquiry does not amount to a criminal investigation whose findings could be presented in a court of law. However, it could not ignore questions related to individual liability given the facts of the case, the focus on accountability and the effort to address impunity. Fact finding into killings of human rights defenders or journalists cannot confine itself to identifying State responsibilities alone. To the extent possible, such fact finding should establish the criminal responsibility of the perpetrators of the crime and of the crime’s intellectual authors. Where the Special Rapporteur found there was credible and compelling evidence regarding the responsibilities of specific individuals, including high-level officials, she called for additional criminal investigation or prosecution. Naming alleged perpetrators 50. To meet these accountability objectives, the Special Rapporteur also had to determine whether or not to disclose the names of those who are suspected of involvement in the execution of Mr. Khashoggi. The decision not to disclose names usually stems from the necessity to avoid prejudicing the fairness of future trials and to prevent reprisals. In the case of the killing of Mr. Khashoggi, the names of (at least) 19 persons have been disclosed by 3 Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka, 2011, https://www.un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf. 11