Khashoggi killing: UN human rights
expert says Saudi Arabia is responsible for “premeditated execution”
GENEVA (19 June 2019) – Saudi
journalist Jamal Khashoggi was the victim of a premeditated extrajudicial
execution, for which the State of Saudi Arabia is responsible, according to a
report published today by the UN Special Rapporteur on extrajudicial, summary
or arbitrary killings.
Following a six-month
investigation, Agnes Callamard issued her findings into the killing last
October of Mr Khashoggi at the Saudi consulate in Istanbul, analyzing evidence
on the basis of international human rights law, and considering steps that could
have prevented his murder.
“The circumstances of Mr
Khashoggi’s death have led to numerous theories and allegations, but none
alters the responsibility of the Saudi Arabia State,” the report reads. “Saudi
state agents, 15 of them, acted under cover of their official status and used
state means to execute Mr. Khashoggi.
“His killing was the result of
elaborate planning involving extensive coordination and significant human and
financial resources. It was overseen, planned and endorsed by high-level
officials. It was premeditated.”
The report cites six violations of
international law:
· the prohibition against arbitrary
deprivation of life, a fundamental principle of international law;
· the prohibition against extraterritorial
use of force as enshrined in the UN Charter;
· the requirement that states use consular
missions for official purposes;
· the prohibition against torture, under
the terms of the Convention Against Torture, ratified by Saudi Arabia, and;
· the prohibition against enforced
disappearance, and;
· in killing a journalist, the State of
Saudi Arabia committed an act inconsistent with a core tenet of the United
Nations, the protection of freedom of expression.
“The killing of Mr Khashoggi thus
constitutes an international crime over which other States should claim
universal jurisdiction. I call on those States to take the necessary measures
to establish their competence to exercise jurisdiction under international law
over this crime of extrajudicial execution,” Callamard said.
The Special Rapporteur also
determined that there was credible evidence, warranting further investigation
of high-level Saudi officials’ individual liability, including that of the
Crown Prince.
Following the execution of Mr
Khashoggi, the report notes that Saudi Arabia took timid steps towards
addressing its obligations, but that four more violations have taken place:
· the responsibility to investigate,
effectively, transparently, and in good faith;
· the duty of international cooperation in
investigation of unlawful death;
· fair trial guarantees; and
· the obligation of non-repetition.
Callamard called on the Human
Rights Council, the Security Council or the UN Secretary-General to conduct an
international follow-up criminal investigation for the purpose of determining
individual liability and identifying options towards judicial accountability.
The report stated that it was
troubling that to date the execution of Mr Khashoggi had been met with so few
effective international responses, whether legal, political or diplomatic
although a number of States had issued targeted sanctions against Saudi
officials.
“These must continue. They are
important but insufficient. The crime committed was a State killing. These
particular sanctions against 17 or more individuals act as a smokescreen,
diverting attention away from State responsibility,” the report reads. “The
current sanctions also fail to address the central questions of chain of
command and of senior leadership’s responsibilities for and associated with the
execution.”
The report also called on Saudi
Arabia to release all individuals imprisoned for the peaceful expression of
their opinion and belief; and to undertake an in-depth assessment of the
actors, institutions and circumstances that made it possible for the execution
of Mr Khashoggi.
The report also includes a range of
recommendations addressed to Turkey and the United States, as well as to Member
States generally and corporate actors. She further recommends the establishment
of new mechanisms at UN level to strengthen the prevention and criminal
investigation of targeted killings. The Special Rapporteur is very grateful to
the Government of Turkey for its good will and cooperation.
ENDS
Ms. Agnes Callamard (France),
Special Rapporteur on extrajudicial, summary or arbitrary executions, has a
distinguished career in human rights and humanitarian work globally. Ms.
Callamard is the Director of Columbia Global Freedom of Expression at Columbia
University and has previously worked with Article 19 and Amnesty International.
She has advised multilateral organizations and governments around the world,
has led human rights investigations in more than 30 countries, and has
published extensively on human rights and related fields.
UN Human Rights, Country Page:
Turkey, Saudi Arabia
For more information and media
requests, please contact: In Geneva: Alessandro Marra (+41 22 928 93 21 /
amarra@ohchr.org) or write to eje@ohchr.org
For media inquiries related to
other UN independent experts: Jeremy Laurence – Media Unit (+41 22 917 9383 /
jlaurence@ohchr.org)
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independent human rights experts on Twitter @UN_SPExperts
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