Assisting U.S. Citizens Detained in Russia
Creators: name: Zacharski, Dan
Publisher: name: American University
Year: 2023
Subjects: classificationCode: 48
subject: Law and legal studies

description: In recent years, Russia has arrested a growing number of American citizens on unfounded charges. This development deviates from the Cold War-era norms between the United States and Russia trading spies. After being caught, agents would be rapidly sent back to their home country, or a swap would be coordinated [1]. The issue at hand is arguably more concerning, as American citizens are being wrongfully detained for charges Russia claims are politically motivated. According to the James W. Foley Legacy Foundation, a nonprofit that advocates for hostages and detainees abroad, this decade has seen a 580% increase of U.S. nationals who are unjustly held overseas [2]. The group tracks wrongful detention with criteria set by the Department of State. It is important to understand Russian tactics and motivations as these tragic scenarios are occurring more often.American citizens arrested in Russia have gained significant media attention compared to the Cold War spies. Some prisoners in the media include Paul Whelan, Brittney Griner, and most recently Evan Gershkovich. Paul Whelan, a Canadian-born U.S. Marine, has been jailed in Russia since 2018 on espionage charges. The Biden administration has attempted to include Whelan in the different exchanges; however, an agreement could not be reached [3]. A W.N.B.A player, Brittney Griner, was playing for a Russian team during her off-season when she was arrested for carrying hashish oil in her luggage. Griner generated a massive media coverage throughout her detainment, and after 10 months a prisoner swap was arranged [4]. In March, The Wall Street Journal’s Evan Gershkovich was accused of espionage while reporting in Russia. This new situation has once again received widespread press coverage, perhaps in part due to Mr. Gershkovich being a reporter. The Department of Justice and Department of State have both provided direction in handling these delicate international legal impasses. The DOJ has recommended against conducting prisoner swaps, stating that it undermines the American legal system [5]. The department’s Office of International Affairs has developed a few options for U.S. citizens detained abroad, however these are more pertinent to nationals who have been legitimately tried and convicted. The Department of State, on the other hand, encourages prisoner swaps as a means of getting Americans home as safely and quickly as possible. The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act was passed in December 2020 to create a special envoy within the DOS to oversee diplomatic coordination [6]. The Levinson Act allows for the DOS to better address the needs of U.S. citizens that are wrongfully arrested abroad, however there are limitations that cannot be solved by domestic policy. The best course of action should be determined by a case-by-case basis. As negotiations are held to get Evan Gershkovich home safely, there is a high chance that his imprisonment is prolonged, based on prior attempts to free detainees in Russia. Given the political nature of the accusations, Putin’s administration will most likely be seeking a higher profile prisoner in return for Mr. Gershkovich. Unfortunately for the journalist, it appears his stay will continue for the foreseeable future.