A/HRC/41/CRP.1
precautions had been taken at the time of the crime, to protect against the loss of blood and
other fluids in the room, therefore supporting the hypothesis according to which the murder
had been planned and pre-meditated.
290. A second possibility is that the crime scenes were the objects of a thorough and
“professional” cleaning immediately after the killing and thereafter. Turkish investigators
have told the Special Rapporteur that they found evidence of possibly changes in pieces of
carpets in the briefing room of the consulate. There is also evidence of locally recruited
cleaners coming on site on 15 October, at 7:30 am, for the purpose of cleaning. On 5 October,
one of the consulate cars, which allegedly had been used to transport Mr. Khashoggi’s
remains, was sent for a car-wash.255
291. On 15 October, at 20:18, the Turkish investigators were finally given access to the
Consulate, shadowed by Saudi officials. Turkish officials explained that the only reason they
were finally given access was because of they were relentless in demand: “We had to push
and push to be allowed in; there was a lot of anger management on our part.”
292. The scope and conditions of the crime scene investigation at the Consulate were not
conducive to professional and thorough work. The fact that the Turkish teams were shadowed
at every point by Saudi counterparts is understandable and cannot be faulted. The notion that
every piece of evidence collected on site needed to be done in double, one for each of the
national investigation teams, is also not under dispute.
293. What is far more concerning is the fact that the investigation of the crime scene was
so sharply limited in time, that Turkish investigators were racing against time to proceed with
their work, and that the scientific and forensic inquiries were limited to “swabbing”. The
Saudis limited Turkish investigators to just over six hours in the Consulate and around
thirteen hours in the Residence, where they also had to search the whole consular fleet. The
limitations in time and in scope imposed on Turkey investigators cannot be explained by the
necessity to protect the Consulate and the Consulate functions, including confidential ones,
against unwarranted attention. They clearly intended to create difficulties for the Turkish
investigation. Along with evidence of professional, thorough, if not forensic cleaning of the
crime scenes, they prevented an effective and thorough Turkish investigation and amount to
obstruction.
294. The quality of the Saudi investigation over the 10 days or so the post-execution teams
were in the consulate is difficult to assess given the lack of transparency of the process, itself
in violation of international standards. Still, a number of issues may be raised.
295. First, the number and range of official explanations, including by State
representatives, for the disappearance first, and murder later of Mr. Khashoggi, over a short
period of time, raise concerns regarding the independence and impartiality of the
investigation. Mr. Khashoggi was said first to have walked out of the Consulate within an
hour of his arrival, second to have been punched during his interview at the Consulate and
losing his life as a result, thirdly to have been the victim of a premediated murder by rogue
officials.
296. Second, a clear focus of any investigation into a murder ought to be the body of the
victim. At the time of writing this report, the Saudi authorities have yet to disclose the
whereabouts of the remains, despite having 11 perpetrators on trial. The Saudi prosecution
publicly declared that it identified an individual who had delivered Mr. Khashoggi’s body to
a local collaborator, 256 a theory disputed by the Turkish investigators. The continued
disappearance of Mr. Khashoggi’s remains is an ongoing violation of international law under
Article 17 of the UN Declaration on the Protection of All persons from Enforced
Disappearances. As the Working Group on Enforced and Involuntary Disappearances notes,
“the act begins at the time of the abduction and extends for the whole period of time that the
crime is not complete, that is to say until the state acknowledges the detention or releases
255
256
Turkish intelligence believes that prior to 15 October, up to four attempts were made to eliminate
forensic evidence from the consulate. This included re-painting of parts of the consulate and possibly
re-carpeting of a room. The Special Rapporteur could not substantiate this claim.
https://www.middleeasteye.net/news/mohammed-bin-salmans-aide-briefed-khashoggi-murder-teamsaudi-prosecutor
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