In a 10-page legal brief, K. Harper, who represents H. Cengiz and the pro-democracy group Dawn in their case against MBSasked Judge John Bates to reject the Biden administration’s controversial suggestion of offering a “sovereign immunity” to Mohammad Bin Salman.
The lawyer said that although it is customary for judges to defer to the executive to decide whether foreign leaders could benefit from sovereign immunity or not, the case of MBS “fundamentally differs because the Saudis had engaged in a legal maneuver that had no precedent “in the history of international law”.
“In this rare case, the US court should decline to protect MBS and investigate the murder of Jamal Khashoggi, a resident of the United States, without regard to the sovereign immunity of Mohammad bin Salman,” indicates the folder.
- Cengiz meat Dawn complained against Mohammed bin Salman and his associates in 2020, accusing him of planning the kidnapping, torture and assassination of J. Khashoggi at the Saudi consulate in Istanbul in 2018.
Michael Kellogg, attorney for MBS who represents Saudi Arabia since the September 11 attacks in the United States, argued that H. Cengiz was not qualified to file a complaint against the Saudi Crown Prince.
In June, Judge Bates asked Joe Biden to reflect on granting MBS of the’“judicial immunity while most lawsuits against world leaders in US courts have failed. After asking for two extensions, the Biden administration complied with the request and said in a legal filing that it believes Prince Mohammed should be given court immunity, citing a decision by King Salman to appoint his Prime Minister’s son. In an advisory vote, the US Department of Justice concluded that MBS had immunity with respect to the J. Khashoggi murder charges.
The Biden administration’s decision to grant the Saudi crown prince immunity in US courts has been heavily criticized by Saudi media, human rights activists and opponents.
Tuesday, the lawyer MBS argued that the case was essentially closed and that the Biden administration had, in effect, divested the court of jurisdiction over the matter.
While experts said Judge Bates is unlikely to reject the Biden administration’s views, H. Cengiz’s lawyer urged the judge to do so, suggesting that to do anything else would be to mock the court. While the administration had a right to speak its mind, Harper argued, “This decision does not compel the court to overlook MBS’ blatant attempt to manipulate the court’s jurisdiction and thereby ensure impunity for the horrific murder he ordered.”
He further stated: “It is clear that neither the United States nor Saudi Arabia has provided an explanation as to whether the appointment of Mohammad bin Salman as prime minister is a deliberate attempt to disqualify this tribunal or not. It should be noted that such an appointment was unprecedented in the history of international law. » Harper argued that in no other case in history has a defendant been appointed to a high office for the sole purpose of being granted sovereign immunity.
In October 2018, J. Khashoggi was killed and dismembered by forces affiliated with the Riyadh regime while on his way to the Saudi consulate in Istanbul. The operation that the American services initially believed to have been carried out on the orders of Mohammed bin Salman.
