Three possible scenarios for the course of the Jamal Khashoggi case | Sedat ERGIN


The Office of the Attorney General of the Kingdom, firstTransfer of the case to the judicial authorities in Saudi Arabia“requests.

There is a second critical request. Saudi Attorney General’s Office says 26 Saudi citizens charged in Istanbul court, ‘Interpol’be removed from the red notice list.also requires.

Once these requests are transmitted, it is said:

In case of transfer of the case, the case and the claims in the case will be assessed and the Turkish judicial authorities will be informed of the outcome.

Well “You submit the case and we will review it and let you know the outcome.” message is given.


At this point, let’s recall a problem that we highlighted in our article yesterday. In the same letter from the General Prosecutor’s Office of the Kingdom, it is indicated that an investigation has been opened against these 26 people (who were accused before the Istanbul court), 11 of them have been charged and tried, and the names remaining (15 people) were not prosecuted because the charges were not proven.


Here is one of the notable conflicts between the Istanbul court case and the course of the case in the Saudi justice system. The Saudi attorney general’s office had already concluded that there was no room for prosecution against the other 15 people accused by Ankara.

However, more important than these differences is Ankara’s official reaction to this decision when, at the end of 2019, 5 of the 11 defendants were sentenced to death, 3 to prison and 3 to be acquitted, at the end of 2019 in the trial which ended is held in Riyadh. Ankara strongly criticized the decision, deeming it insufficient.


Based on the statement of the Foreign Ministry on December 23, 2019, when announcing the decision in Riyadh, Ankara said:Your decision is your murder everything illuminate aspects and that it falls far short of expectations of manifestation of justice.supports the view.

According to the Foreign Office, there are a number of shortcomings in the decision. First place “The fate of Jamal Khashoggi’s body remains unclear“It happens.

In view of the progress of the procedure in Riyadh, KhashoggiIt was also determined by the court that .


The fact is, there is no answer to the question of what happens to those black plastic bags when the trial is over. In the determinations made during the case -several times-“these bags were given to a collaboratoris stated. However, the Saudi judicial authorities have refrained from addressing this issue. The fact that the issue of local collaborators has not been clarified is an important part of Ankara’s official criticism of the decision.


Another dimension of the fundamental gap that Ankara sees is “Identification of the instigators of the murderIn the decision also announced that “stay in the darkis “.

However, in the first indictment, which was concluded on March 24, 2020, three months after the announcement of the decision in Riyadh by the General Prosecutor’s Office in Istanbul, there are strong determinations regarding the identity of the instigators of the murder. The number one defendant in this indictment, vice president of the Saudi intelligence agency at the time. Ahmed bin Mohammad al-Asiri is one of them. al-Asiriis the person who formed the team that committed the murder and sent him to Istanbul. He was tried in the case in Riyadh, but was acquitted.


Another key figure was “at the time the murder was committed”,Under-Secretary at the Royal Office” the one who Saud al-Qahtaniis . He is the crown prince of Saudi Arabia, the number one decision maker behind the scenes Mohammad bin SalmanHe is a personality with whom he works closely. He is the second accused in the indictment in Istanbul. However, the Riyadh Attorney General’s Office excluded him from the trial on the grounds that there was no evidence.

In the first indictment, which included 20 defendants in total, “approximately 18 defendants”deliberate murderWhile claiming aggravated life imprisonment for the crime al-Asiri and al-Qahtani for “Deliberate incitement to kill on purpose and torments with monstrous feelingAn aggravated life sentence is required for the crime. (The second indictment with a total of six defendants was submitted to court on September 28, 2020.)


In fact, when you look at the Riyadh court level, it’s impossible not to see how involved they were both in this incident. The names in the negotiating group of the delegation that visited Istanbul, before leaving for Turkey Khashoggifamiliar with al-Qahtani He also met

The main organizer of the operation al-Asiriis . There is no doubt that he created the delegation himself. Saudi Attorney General al-Asiriof “He gave instructions to form a team to bring Khashoggi down by persuasion, if not by force.“States.

Most of the defendants tried gave their depositions in this sense. al-Asiri resumeI just told them to persuade Khashoggi and bring him, not by force.he argued. The prosecutor’s office al-Asiri’convict himmost severelyAlthough he wanted to be punished, the court cleared him.



According to the Riyadh court file, 9 of the 11 people tried here are intelligence agents. (The other two are the forensics chief who administered the injection and a consular officer.)

According to the indictment in Istanbul, some of the defendants were names working in the crown prince’s entourage and accompanying him on his trips abroad. After all, when all the evidence is put together, all roads lead to the crown prince.

According to the thesis put forward and accepted by the statements of the defendants at the Riyadh trial, this delegation al-Asiri which had critical articles in the Washington Post by jamal khashoggiHe was commissioned to bring. However, some members of the delegation who went to Istanbul, disobeying the instructions, killed him and then dismembered him and disposed of his body.

In this context, the main criticism of the decision is not the instigators, but only the KhashoggiIt is the opinion of some of those who carried out the plan targeting the .


Let us now examine the following course of the matter. What will the Saudi public prosecutor’s office do in the face of Turkey’s indictment and supporting evidence file?

An optimistic scenario is that the Saudi authorities follow a course of action in which at least some part of the 15 defendants who have not been prosecuted following the decision not to prosecute are tried and, in trying them, they cooperate. with Turkey.

Another possibility is the dismissal of the case, indicating that the necessary investigations and prosecutions have already been completed, that the entire legal process has been completed and that, within this framework, it is not necessary to cross a new step in light of Turkey’s evidence. It would be an option that would cause problems on the Turkish front.

Another possibility that comes to mind is to open an investigation for a limited number of defendants and postpone the case by extending the judicial process in time.

We will only understand in which direction the Saudi authorities are heading when we see their concrete steps in the coming period.


Khashoggi The course of the case will now likely be shaped by the direction of Riyadh’s response. When a result that does not satisfy the Turkish authorities is communicated, is it possible to accept this situation? In such a case, can the Istanbul case be continued where it left off, declaring that justice has not been served?

Justice Ministry Bekir Bozdagrecently pointed to a series of options before Turkey, depending on the shape of the developments, in the context of the possibility of the trial continuing in Saudi Arabia.

Bozdagthat the decision will be evaluated in Turkey, A) When the sentence is pronounced and the execution carried out, TurkeygraveHe registers that he can make the decision. This is the optimistic scenario.

And if the Saudi justice acquits him? BozdagIn this case, B) that the Turkish court can cancel the stay decision and continue the trial, or C) Deem this decision sufficient and “graveHe says he can make the decision too.

The Minister’s statements are based primarily on the assumption that the trial will be reopened. Bozdag, emphasizes that the transfer of jurisdiction does not abolish the jurisdiction of the Turkish courts. “International criminal justice system workunionEspecially the fourth article of article 24 of the law numbered 6706, promulgated in 2016, defines this framework explained by the minister.

In any case, the ball has passed into the Saudi camp at this point. a bit more time jamal khashoggi Let’s be ready to live with the cause.

Meanwhile, whether Ankara will wait for Riyadh’s action and act accordingly in response to the Saudi Crown Prosecutor’s request to remove 26 Saudi citizens from Interpol’s list is another sensitive issue in the coming months. days.

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