ISTANBUL: A Turkish court ruled Thursday to suspend the trial in absentia of 26 Saudis accused in the gruesome killing of Washington Post columnist Jamal Khashoggi and for the case to be transferred to Saudi Arabia.
Kaghoggi, a United States resident who wrote critically about Saudi Crown Prince Prince Mohammed bin Salman, was killed on Oct.2, 2018, at the Saudi Consulate in Istanbul, where he had gone for an appointment to collect documents required for him to marry his Turkish fiancee, Hatice Cengiz. He never emerged from the building.
Turkish officials alleged that Khashoggi was killed and then dismembered with a bone saw inside the consulate by a team of Saudi agents sent to Istanbul.
The group included a forensic doctor, intelligence and security officers and individuals who worked for the crown prince's office. His remains have not been found.
The Istanbul court's decision comes despite warnings from human rights groups that turning the case over to the kingdom would lead to a cover up of the killing which has cast suspicion on the crown prince. It also comes as Turkey, which is in the throes of a deep economic downturn, has been trying to repair its troubled relationship with Saudi Arabia and an array of other countries in its region.
Some media reports have claimed that Riyadh has made improved relations conditional on Turkey dropping the case against the Saudis.
The move would pave the way to a resolution of tensions between the two regional heavyweights since the 2011 Arab Spring, including Turkey's support to Islamist movements like the Muslim Brotherhood, which Riyadh considers a terrorist group.
Turkey also sided with Qatar in a diplomatic dispute that saw Doha boycotted by Bahrain, Egypt, Saudi Arabia and the United Arab Emirates.
Last week, the prosecutor in the case recommended that it be transferred to the kingdom, arguing that the trial in Turkey would remain inconclusive.
Turkey's justice minister supported the recommendation, adding that the trial in Turkey would resume if the Turkish court is not satisfied with the outcome of proceedings in the kingdom. It was not clear however, if Saudi Arabia, which has already put some of the defendants on trial behind closed door, would open a new trial.
The court ruled to halt the trial in line with the Justice Ministry's "positive opinion", the private DHA news agency reported. Human rights advocates had urged Turkey not to transfer the case to Saudi Arabia.
"By transferring the case of a murder that was committed on its territory, Turkey will be knowingly and willingly sending the case back into the hands of those who bare its responsibility,'' said Amnesty International's Secretary General Agnes Callamard.
"Indeed, the Saudi system has repeatedly failed to cooperate with the Turkish prosecutor and it is clear that justice cannot be delivered by a Saudi court. What has happened to Turkey's declared commitment that justice must prevail for this gruesome murder and that this case would never become a pawn in political calculations and interest?" she asked.
The New York-based Human Rights Watch said: "Given the complete lack of judicial independence in Saudi Arabia, the role of the Saudi government in Khashoggi's killing, its past attempts at obstructing justice, and a criminal justice system that fails to satisfy basic standards of fairness, chances of a fair trial for the Khashoggi case in Saudi Arabia are close to nil."
Turkey apparently had the Saudi Consulate bugged and shared audio of the killing with the CIA, among others. The slaying sparked international outrage and condemnation. Western intelligence agencies, as well as the US.
Congress, have said that an operation of that magnitude could not have happened without knowledge of the prince.
Turkey, which had vowed to shed light on the brutal killing, began prosecuting the defendants in absentia in 2020 after Saudi Arabia rejected requests for their extradition. The defendants included two former aides of the prince.
Some of the men were put on trial in Riyadh behind closed doors. A Saudi court issued a final verdict in 2020 that sentenced five mid-level officials and operatives to 20-year jail terms.
The court had originally ordered the death penalty, but reduced the punishment after Khashoggi's son Salah, who lives in Saudi Arabia, announced that he forgave the defendants. Three others were sentenced to lesser jail terms.