A/HRC/41/CRP.1
nothing in response. Accordingly, both filed suit, seeking the production of documents
responsive to their request.333 For an international crime of this magnitude, the United States
should fulfill its responsibility under international human rights law to cooperate fully in the
investigation of the crime and produce as much information as possible to those seeking to
hold the perpetrators accountable.
III.
Remedies and reparations
408. Remedies and reparations are a cornerstone of international law. They are the mirror
to the State’s duty to protect. In other words, “[r]ights suppose a correlative obligation on the
part of the State . . . without a remedy, a right may be but an empty shell.”334 Under the
human rights framework, individuals have an undisputed right to claim reparations from the
State. The victims’ right to remedy includes rights to the following: “(a) Equal and effective
access to justice; (b) Adequate, effective and prompt reparation for harm suffered; (c) Access
to relevant information concerning violations and reparation mechanisms.” 335 In the case of
an unlawful death, reparation may include compensation, satisfaction, and guarantees of nonrepetition.336 Each form of reparation responds to a specific aspect or type of harm caused by
a violation.
409. Satisfaction measures focus on the State duty to investigate, prosecute, and punish.337
Such measures include any or all of the following, where appropriate: effective measures
aimed at the cessation of continuing violations; verification of the facts and full and public
disclosure of the truth to the extent that such disclosure does not cause further harm or
threaten the safety and interests of the victim; search for the disappeared; an official
declaration or a judicial decision restoring the dignity, reputation, and rights of the victims;
a public apology; judicial and administrative sanctions against persons liable for the
violations; commemorations and tributes to the victims, etc.338
410. The principle of satisfaction raises serious concerns regarding the State’s investigation
of the execution of Mr. Khashoggi and prosecution of those suspected of playing a role in the
execution.
411. Compensation measures should be provided for any economically-assessable damage,
as appropriate and proportional to the gravity of the violation and the circumstances of each
case: physical or mental harm; lost opportunities, including employment, education, and
social benefits; material damages and loss of earnings, including loss of earning potential;
moral damage; costs required for legal or expert assistance, medicine and medical services,
and psychological and social services.339
412. The Special Rapporteur obtained information regarding a financial package offered to
the children of Mr. Jamal Khashoggi, which mirrors the information released by the Media340.
However, it is questionable whether such package amounts to compensation under
international human rights law or to an official apology. The trial of the 11 suspects is ongoing. Salah Khashoggi, one of Mr. Khashoggi’s children, tweeted that the financial package
did not amount to an admission of guilt by King Salman and Crown Prince Mohammed bin
Salman: “Acts of generosity and humanity come from the high moral grounds they possess,
333
334
335
336
337
338
339
340
82
https://knightcolumbia.org/content/knight-institute-and-committee-protect-journalists-v-cia-foia-suitrecords-governments-duty
Christine Evans, The Right to Reparation in International Law for Victims of Armed Conflict,
Cambridge University Press 126 (2012).
G.A. Res. 60/147, Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of IHRL and Serious Violations of IHL 3 (Dec. 16, 2005) [hereinafter
Basic Principles and Guidelines].¶ 11.
Id. at 7-9.
Id. ¶ 22.
Id. ¶ 22.
Id., ¶ 20.
See, e.g. https://www.washingtonpost.com/world/national-security/khashoggi-children-havereceived-houses-in-saudi-arabia-and-monthly-payments-as-compensation-for-killing-offather/2019/04/01/c279ca3e-5485-11e9-8ef3-fbd41a2ce4d5_story.html?utm_term=.4f9fbb02a8c4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents