A/HRC/41/CRP.1
labour and time intensive activity). It is likely that analysis of the recordings linked to
activities inside the Saudi consulate was conducted only after Mr. Khashoggi had been
declared “disappeared,” and it took several days of assessment before firm conclusions could
be drawn regarding his murder.
374. As far as the United States are concerned, media organizations have reported that,
prior to Mr. Khashoggi’s killing, U.S. intelligence agencies intercepted communications in
which Saudi officials discussed a plan to capture Mr. Khashoggi.311 Other leaked information
suggested that the Saudi Crown Prince, Mohammed bin Salman, had told a top aide that he
would ‘use a bullet’ on Khashoggi if he did not return to Saudi Arabia and end his criticism
of the government. 312 However, the Special Rapporteur was not able to substantiate
independently such reports, which relied, allegedly, on leaked intelligence. 313 It was also
reported that the recordings of these conversations were only transcribed and analyzed after
Mr. Khashoggi’s death, and probably as a result of his death.314
375. The allegation regarding the Crown Prince, nevertheless, raises two interrelated
questions: First, should these intercepts that allegedly included such key words as ‘bullet’
and ‘abduction’ have been prioritized for analysis? Second, had the CIA analysed the
intercepts when they received/captured them, or shortly thereafter, would its analysts have
concluded that the threats against Mr. Khashoggi were real, credible and immediate, which
would have obliged implementation of their duty to warn and beyond. If not, should they
have reached such a conclusion?
376. The Special Rapporteur will venture to suggest that the first question should elicit a
positive response: intercepts involving the Crown Prince and key trigger words that can only
suggest violence, should have been picked up, prioritized and analysed. With regard to the
second question, the limited information available regarding the wording of the intercepts
does not allow a conclusive finding as to the credibility or immediacy of the threat.
377. However, and at the very least, such a threat should have triggered further
investigation into its credibility and immediacy. Such assessment, in turn, would require
evaluating whether the identity and activities of Mr. Khashoggi put him at risk, and whether
there were systemic patterns of violence against individuals like him.
Pattern of Violence315
378. Contextually speaking, in the year or two preceding his killing, the United Nations
and human rights organisations had reported a deterioration of the human rights situation in
311
312
313
314
315
Loveday Morris et al., Saudis Are Said To Have Lain in Wait for Jamal Khashoggi, Wash. Post (Oct.
9, 2018), https://perma.cc/82WY-EUJT
See ‘Year Before Killing, Saudi Prince Told Aide He Would Use ‘a Bullet’ on Jamal Khashoggi,’
New York Times, 7 February 2019, at https://www.nytimes.com/2019/02/07/us/politics/khashoggimohammed-bin-salman.html?emc=edit_na_20190207&nl=breaking-news&nlid=47276260ingnews&ref=headline.
In response to Freedom of Information requests regarding the application of their duty to warn to Mr.
Khashoggi, the CIA, the FBI, the NSA, and ODNI responded that they could “neither confirm nor
deny” that they have any documents related to the duty to warn Mr. Khashoggi, meaning that any
response could endanger national security. https://knightcolumbia.org/content/knight-institute-andcommittee-protect-journalists-v-cia-foia-suit-records-governments-duty
Ibid. It has also been alleged that the United States has 11 encrypted messages between the crown
prince and al-Qahtani, exchanged in the hours before and after Khashoggi’s death, but does not know
their contents. ‘CIA Intercepts Underpin Assessment Saudi Crown Prince Targeted Khashoggi,’ Wall
Street Journal, 1 December 2018, at https://www.wsj.com/articles/cia-intercepts-underpinassessment-saudi-crown-prince-targeted-khashoggi-1543640460. The Special Rapporteur could not
substantiate this allegation.
The Special Rapporteur acknowledges that other important developments occurred in Saudi Arabia
although they fall outside her mandate. Many commentators have pointed to remarkable and visible
social transformations in the country, the most publicized of which being the Crown Prince’s decision
to permit women in Saudi Arabia to drive. Other themes that dominated these narratives included the
relative stability of Saudi Arabia; the recent economic reforms undertaken; the clampdown on
religious extremism; Saudi Arabia’s support for the fight against “terrorism”, etc. Themes such as
these to a large extent also drove the Western agenda and its understanding and assessment of
interests and threats. Interviews, Paris, London, Washington DC, Berlin, Ottawa.
73
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