A/HRC/41/CRP.1
will be the sanctions’ economic and psychological impact, and associated stigmatization, on
the targeted individuals.357
440. The analysis above is not meant to question the use of targeted sanctions in response
to Mr. Khashoggi execution. But it is difficult to escape the impression that these particular
sanctions against 17 or more individuals may act as a smokescreen, diverting attention away
from those actually responsible. The current sanctions simply fail to address the central
questions of chain of command and of senior leadership’s responsibilities for and associated
with the execution.
441. Targeted sanctions against the individuals and/or entities in Saudi Arabia that were
likely involved in the murder of Mr. Khashoggi must continue. However, in view of the
credible evidence into the responsibilities of the Crown Prince for his murder, such sanctions
ought also to include the Crown Prince and his personal assets abroad, until and unless
evidence is provided and corroborated that he carries no responsibilities for this execution.
The Special Rapporteur recognizes the political sensitivity of this matter, but stresses that
under the laws of immunity and inviolability there is no prohibition against sanctioning
individuals holding positions such as that of the Crown Prince.
442. It may be argued that, in the absence of clear evidence, sanctioning the Crown Prince
violates the principle according to which everyone is innocent until proven guilty. However,
this legal principle does not appear to be guiding sanctions regimes researched by the Special
Rapporteur. The Special Rapporteur has highlighted her concern at the absence of
transparency regarding the standards of proof met to adjudge the various sanction regimes.
However, until and unless those standards are made public, and their application to specific
individuals well elaborated, there is no reason why sanctions should not be applied against
the Crown Prince and his personal assets. Indeed, this human rights inquiry has shown that
there is sufficient credible evidence regarding the responsibility of the Crown Prince
demanding further investigation. Further, the sanction regimes that the Special
Rapporteur has researched include an appeal process upon which the Crown Prince should
rely. If anything, such an appeal could shed light on possible evidence exonerating him.
State Sanctions
443. The above-mentioned targeted sanctions fail to correspond to the gravity of the crime
or to the fact that the State of Saudi Arabia is ultimately responsible for the violation of Mr.
Khashoggi’s right to life. While the EU Parliament has passed a non-binding resolution
urging a European Union-wide arms embargo on Saudi Arabia in response to the execution
of Mr. Khashoggi, Germany is the only Western government to suspend future arms sales to
Saudi Arabia, the world’s largest arms importer.
444. The execution of Mr. Khashoggi has also raised serious concerns about domestic and
extraterritorial surveillance of the private communication of individuals whose only “crime”
has been the peaceful expression of their views and on the export of surveillance technology.
As highlighted by the UN Special Rapporteur on the promotion and protection of the right to
freedom of expression, in his June 2019 report to the Human Rights Council “it is imperative
that States limit the uses of such technologies to lawful ones only, subjected to the strictest
forms of oversight and authorization, and that States condition private sector participation
in the surveillance tools market – from research and development to marketing, sale, transfer
and maintenance – on human rights due diligence and a track record of compliance with
human rights norms.” He further recommends that Governments should also impose an
“immediate moratorium on granting licences for the export of surveillance technologies,
until there is convincing evidence that the use of these technologies can be technically
restricted to lawful purposes that are consistent with human rights standards, or that these
technologies will only be exported to countries in which their use is subject to authorization
357
See for instance the studies in T. Biersteker, S. Eckert and M. Tourihno, eds., Targeted Sanctions: the
impacts and effectiveness of United nations action, Cambridge University Press, 2016.
89
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