Rewrite: Gershkovich Case Update

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President Joe Biden described the detention of Wall Street Journal journalist Evan Gershkovich in Russia as completely illegal. He stated at a press briefing that what happened was illegal and promised to reach out to Gershkovich’s family soon.

The administration had already recognized Gershkovich as illegally held, a move Biden said aimed at shifting the dynamics of the case and applying renewed pressure for due process.

illegally held

Earlier, on April 10, the secretary of state announced that Gershkovich had been designated as an illegally held person. The following day, Dmitry Peskov, the Kremlin spokesperson, expressed surprise at this designation and questioned its meaning. He added that the United States must defend the rights of its citizens in any circumstance, while noting that the final decision would rest with a Russian court.

Peskov also remarked that he did not understand the implications of the new status. He asserted that the United States can and must protect the rights of its citizen who allegedly violated Russian law, though he stressed that a court would determine the outcome.

Designating Gershkovich as illegally held shifted the case into the orbit of the U.S. president’s Special Representative for Hostage Affairs, and it gave the Foreign Ministry extra leverage to press for action. The ministry could form diplomatic coalitions, increase pressure on Russian authorities and demand regular consular access.

no connection

Vedant Patel, deputy spokesperson for the State Department, said Russia notified the United States on April 10 that Gershkovich was arrested but had not yet granted consular access. Patel noted that this absence violates international norms governing consular relations.

State Department officials stated that a detention notice had been filed, and consular access had not yet been provided.

creative options

The Wall Street Journal, citing a White House source, reported that Washington was prepared to explore creative approaches to secure Gershkovich’s release. The report referenced ongoing discussions over the fate of Paul Whelan, another American detained in Russia, describing negotiations as a stalemate because Moscow reportedly seeks measures Washington cannot approve, such as the release of a Russian intelligence officer.

A senior White House official was quoted as saying that the administration is open to creative solutions for both Whelan and Gershkovich. The challenge, the article suggested, is identifying options that will be acceptable to Moscow while remaining acceptable to Washington.

arrest in the Urals

On March 30, authorities in Yekaterinburg detained Gershkovich on allegations of gathering classified information about a Russian defense organization, with the operation allegedly directed by the United States. A espionage case under Article 276 of the Russian Criminal Code was opened, and the Lefortovo Court in Moscow ordered two months of pretrial detention. Gershkovich faces a potential prison term of up to 20 years.

U.S. officials reminded the public of prior cases, including Paul Whelan and Trevor Reed, who were convicted in Russia, and urged Americans to avoid travel to Russia. The Wall Street Journal pressed for Gershkovich’s immediate release, while international actors urged restraint, including the Council of Europe’s secretary-general, the head of EU diplomacy, and the United Nations secretary-general, all of whom condemned the arrest. A phone call between Secretary of State Antony Blinken and Russian Foreign Minister Sergei Lavrov occurred on April 2 at Washington’s initiative to discuss the case. The Russian side characterized Gershkovich as caught in the act of seeking classified information, but no exchange agreement was reached.

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