A/HRC/41/CRP.1
information pertaining to the fate or whereabouts of the individual.” 257 Further, the Human
Rights Committee and the Committee against Torture have determined that enforced
disappearance constitutes an act of torture within the meaning of Article 1 of the Convention
Against Torture. The extreme distress caused to the surviving family and loved ones by not
knowing what has happened is recognized under international law as a form of torture. 258 If
the Government asserts that it does not know the whereabouts of Mr. Khashoggi’s remains,
it nonetheless should disclose all aspects of its efforts to locate them, including the details of
any witness interviews that it has undertaken.
297. Third, while Saudi Arabia may suggest that they have cooperated, in so far as they
created a joint investigative team, and allowed Turks to investigate the residence, and even
sent its Chief Prosecutor to Istanbul, the Saudi investigators and Chief Prosecutor have not
shared their findings, with the Turkish team, including forensic and scientific evidence
collected during the 10 days they were present in the Consul and residence on their own and
the testimonies of witnesses, some of whom were later charged with the killing of Mr.
Khashoggi.
298. Upon reviewing the steps taken by Saudi Arabia in the aftermath of the killing of Mr.
Khashoggi, and on the basis of the evidence available, the Special Rapporteur can only
conclude that Saudi Arabia violated its procedural obligation to investigate Mr. Khashoggi’s
death, on multiple grounds, such as effectiveness, transparency and international cooperation.
IV.
Turkey’s implementation of its duty to investigate
299. The Turkish investigation took place not only under the shadow of Saudi Arabia
control over the crime scenes, but also under the shadow of the Turkish Government, and in
particular the Turkish President, Erdogan, whose public statements on the killing dominated
the international news agenda for some three months. There is little doubt that the high level
of interest and control by the highest political authorities of the country would have impacted
on the conduct and independence of the investigation itself, although the nature and extent
of that impact is harder to ascertain.
300.
The Turkish investigation:
(a)
Reviewed thousands of hours of CCTV to piece together the movements of
various members of the Saudi teams dispatched at the Consulate, investigating the routes they
followed, the hotels rooms they occupied, etc. Allegedly, some 3500 hours of footage were
screened to determine the identity and whereabouts of the Saudi teams involved in the killing.
(b)
Identified possible witnesses, including the staff of the Consulate, and obtained
their evidence in relation to the killing of Mr. Khashoggi and the circumstances
surrounding the killing
(c)
Gathered evidence in the various crime scenes for which it was granted access
and the forensic and scientific police analysed the evidence
(d)
Issued 21 extradition requests
(e)
Requested that Interpol issued 20 Red Alert Notices, including 18 on 16
November and 2 more on 21 December.
257
258
60
Working Group on Enforced or Involuntary Disappearances, General Comment on Enforced
Disappearance as a Continuous Crime, available at
http://Khashoggi.ohchr.org/Documents/Issues/Disappearances/GC-EDCC.pdf
UN Human Rights Committee, “El-Megreisi v Libyan Arab Jamahiriya”, Communication No.
440/1990, UN Doc. CCPR/C/50/D/440/1990 (1994); Rafael “Mojica v. Dominican Republic”,
Communication No. 449/1991, UN Doc. CCPR/C/51/D/449/1991 (1994). The UN Human Rights
Committee ruled specifically on enforced disappearance as a form of torture in Sri Lanka in “Sarma v
Sri Lanka”, Views, 31 July 2003, para. 9.5
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