A/HRC/41/CRP.1 Khashoggi, the preeminent role of the Intelligence services, and the frequent public reports and leaks of new and often gruesome or emotional details. International media outlets played a key role as the main recipients, including of various leaks, over domestic media, as commented upon by many during the inquiry. While all of these contributing to keeping the killing of Mr. Khashoggi on the international agenda, there is little doubt that they would not have facilitated the work of the police and prosecutors responsible for investigating a sensitive and difficult murder. 324. Some commentators have suggested that the public behavior of the Turkish President, along with leaks by the Intelligence sources, indicated that Turkey was not seeking a diplomatic solution to what was quickly becoming a crisis. The Special Rapporteur’s analysis differs. She believes that a “diplomatic solution” to the crisis was part of the objectives, whatever this solution may have entailed. Access to the crime scene was a matter, which could only be solved through diplomatic means. 325. Turkish officials and others have consistently insisted that the Government and the investigators were seeking “not to escalate” the issue, including for fear of retaliation by the Saudi authorities. Concerns over the Saudi capacity for retaliation figured very high on the agenda at the time, according to many mid-level officials. These would have largely driven the decisions not to enter the Saudi consulate residence, or search the Consulate cars or detain Saudi persons of interest who were not protected by the VCCR or VDCR. Time and time again, officials commented on the risks of escalation, on the risks for their Turkish citizens, including State representatives based in Saudi Arabia and on the necessity to avoid placing them in harms’ way. 326. Ultimately, the killing of Mr. Khashoggi raises important questions regarding the legal implementation and limitations of the diplomatic immunity guarantees and demonstrates the difficulties of enforcement whenever these guarantees are violated, particularly in complex international and regional political environments. There is here an important role for the international community, including for the United Nations decision-making bodies and Member States that require further scrutiny and elaboration. 327. The Special Rapporteur regrets that no international body or State appears to have come forward to propose to “mediate” between the two parties to negotiate a prompt and effective access to the crime scene so as to de-escalate the crisis, address the fear of retaliation and protect equally the VCCR and human rights obligations. Instead, it appears that other Members States were pondering their various national and strategic interests while the United Nations had no evident means of intervention or elected not to intervene. In retrospect, the ultimate victim of these considerations, tit-for-tat and other maneuvers was justice for Jamal Khashoggi and accountability. 64

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