Wednesday, April 12, 2023

U.S. Deems WSJ Reporter Evan Gershkovich ‘Wrongfully Detained’ by Russia

Official designation enables U.S. to press a foreign government, unlocks other resources to free detainee

 

Wall Street Journal reporter Evan Gershkovich has been designated as “wrongfully detained” in Russia by the U.S. State Department. WSJ explains the criteria the State Department uses to determine wrongful detention, and what it means for detainees’ release. Illustration: Jordan Kranse

By Vivian Salama and William Mauldin 

Updated April 10, 2023 6:25 pm ET




Wall Street Journal reporter Evan Gershkovich has been designated as “wrongfully detained” in Russia by the U.S. State Department. WSJ explains the criteria the State Department uses to determine wrongful detention, and what it means for detainees’ release. Illustration: Jordan Kranse

 

The State Department on Monday designated Evan Gershkovich, a Wall Street Journal reporter who was arrested by Russian security services last month, as ”wrongfully detained,” launching a broad U.S. government effort to exert pressure on Russia to free him.

Mr. Gershkovich is held on an accusation of espionage that the Journal and the U.S. government vehemently deny. His case now shifts to a State Department section known as the Office of the Special Presidential Envoy for Hostage Affairs, which is focused on negotiating for the release of hostages and other Americans classified as wrongfully detained in foreign countries.

“Journalism is not a crime,” State Department spokesman Vedant Patel said in a statement. “We call for the Russian Federation to immediately release Mr. Gershkovich.”

The department also called on Russia to release another American, Paul Whelan, whom it has also declared wrongfully detained. He was sentenced to serve 16 years in a Russian penal colony and remains incarcerated. His family says the charges are bogus.

Russia’s embassy in Washington and its mission to the United Nations didn’t immediately respond to requests for comment.

Officials said the speed at which the designation was reached was unprecedented, as it typically involves a lengthy bureaucratic process that takes months. The designation seldom comes before the detainee is able to meet with American consular officials from the local embassy, a right Mr. Gershkovich has thus far been denied.

“While this case has moved at a record pace, it still took almost two weeks for our government to make this determination. We must do more to streamline the process—especially as it relates to journalists,” Eileen O’Reilly, president of the National Press Club, and Gil Klein, president of the National Press Club Journalism Institute, said in a joint statement. “We believe it is always a wrongful detention when a journalist is held for doing their job.” 

They called on the State Department’s hostage envoy to refer the case to the White House National Security Council for a speedier resolution.

Lawyers representing Mr. Gershkovich on behalf of the Journal reported last week that Mr. Gershkovich was in good health and grateful for the outpouring of support from around the world, Emma Tucker, editor in chief of the Journal, said.

Even before the determination was made, Secretary of State Antony Blinken said he had “no doubt” that Mr. Gershkovich had been wrongfully detained by Russia, adding that he stressed that fact in a call with his Russian counterpart, Sergei Lavrov, earlier this month.

The Journal has vehemently denied wrongdoing on the part of Mr. Gershkovich and has called for his immediate release.

“We are doing everything in our power to support Evan and his family and will continue working with the State Department and other relevant U.S. officials to push for his release,” Ms. Tucker and Almar Latour, publisher of The Wall Street Journal and chief executive officer of Dow Jones & Co. Inc., said in a statement Monday after the designation was announced.

“He is a distinguished journalist and his arrest is an attack on a free press and it should spur outrage in all free people and governments around the world.”

The White House has labeled Russia’s accusation “ridiculous,” denied Mr. Gershkovich was a spy, and said he had never worked for the U.S. government. In a joint statement Friday, the Democratic and Republican leaders of the Senate condemned Mr. Gershkovich’s detention and demanded his release.

“He doesn’t belong there. He needs to be released. He’s a journalist, not a criminal,” White House National Security Council spokesman John Kirby said Monday. “And it doesn’t mean that we aren’t going to continue to follow this case as closely as we can. We still don’t have consular access and we’re also trying to get that.”

The “wrongfully detained” determination unlocks other U.S. government resources to work on Mr. Gershkovich’s case. It broadens the State Department’s authority to exert pressure on Moscow, monitor intelligence, build diplomatic coalitions, exert media pressure and fight for regular consular access. 

The designation is relatively rare: Some 99% of Americans held overseas face legal troubles in which the U.S. doesn’t conclude that they are being held improperly. 

A U.S. law codifies wrongful detainees according to 11 parameters, including whether the person has been arrested at least in part because of U.S. citizenship. Human-rights groups count more than 50 Americans being wrongfully detained abroad in more than a dozen countries, led by Iran and China. The government doesn’t disclose the specific numbers of hostages or wrongfully detained Americans, “as the numbers are fluid, and due to privacy concerns and the sensitivity of ongoing efforts to secure the release of all U.S. nationals,” a State Department spokesman said.

Mr. Gershkovich, 31 years old, was detained March 29 and accused of espionage while on a reporting trip to the Russian provincial city of Yekaterinburg, about 800 miles east of Moscow. He is the first American journalist to be detained by Russian authorities since 1986, but he is one of several Americans deemed wrongfully detained by Russia in recent years.

He is accredited to work as a journalist in Russia by the country’s Foreign Ministry.

Moscow claims that its Federal Security Service, known as the FSB for its Russian initials, caught Mr. Gershkovich “red-handed” but offered no evidence to back up the allegation or offer cause for his arrest. Russia says it is acting in accordance with its own laws.

Mr. Gershkovich is being held at Russia’s Lefortovo Prison, a pretrial detention center run by the FSB. FSB trials are typically conducted in secret, with little to no evidence shared about a defendant’s case.

Mr. Gershkovich’s arrest sparked global condemnation of Russia’s actions.

On Sunday, clergy around the world included prayers for Mr. Gershkovich’s release in their Easter sermons, and countless Jews set empty seats for him at their Passover seders last week.

World Bank President David Malpass said Monday that detention of Mr. Gershkovich is a “brazen act” by the Russian government that violates freedom of the press.

On Monday, editors at six of Italy’s most widely read daily newspapers published an open letter to the Russian ambassador to Rome condemning Mr. Gershkovich’s detention and asking for his immediate release. The editors of Il Corriere della SeraLa Repubblica, La Stampa, Il Messaggero, and other papers said they were channeling widespread sentiment in Italy.

In December, women’s basketball star Brittney Griner landed in the U.S. after being released from a Russian penal colony as part of a prisoner exchange for a Russian arms dealer—a deal brokered in part by the Office of the Special Presidential Envoy for Hostage Affairs. The State Department had deemed her, too, wrongfully detained more than 10 weeks after she was detained.  

Ms. Griner had been convicted of drug smuggling and possession over a small amount of hashish oil found in her luggage at Moscow’s airport in February 2022. She was sentenced to nine years in a penal colony.

In Ms. Griner’s case, the Russian government delayed granting regular consular access, leaving her to go months without seeing embassy representatives, U.S. officials said.

Write to Vivian Salama at vivian.salama@wsj.com

https://www.wsj.com/articles/u-s-deems-wsj-reporter-evan-gershkovich-wrongfully-detained-by-russia-f1be833 

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