PITTSBURGH (KDKA) — Marc FogelA Pennsylvania man jailed in Russia has been designated as a “detainee in error,” according to a U.S. State Department spokesman.
This designation by the US government became official in October.
Fogel is serving a 14-year sentence in Russia for possessing medical marijuana.
Who is Marc Fogel?
When the Butler County native and his wife returned to Russia in August 2021 for his 10th and final year of teaching in the country, Marc Fogel was detained at the Moscow airport after his family said who was carrying 17 grams of cannabis for medical purposes. to treat chronic back pain.
The Oakmont teacher was convicted of drug trafficking and drug possession and sentenced to 14 years in a high-security penal colony in Russia.
Fight to bring Marc Fogel home
Since his imprisonment, Marc Fogel’s family and lawmakers have urged lawmakers to bring him home.
In 2022, thousands of people signed a petition asking the US government to do more to bring him home. The legislatorsincluding Pennsylvania Senators Bob Casey and John Fetterman and US Rep. Guy Reschenthaler have also pressed President Joe Biden and Secretary of State Antony Blinken to designate his imprisonment as unlawfully detained.
In December 2022, the US and Russia agreed to a prisoner exchange that included WNBA player Brittney Grinerbut Marc Fogel was not included in the deal.
In August, another prisoner swap between Russia and the US brought home all the Street Journal reporters Evan GershkovichNavy veteran Paul Whelan and Russian-American radio journalist Alsou Kurmashevabut not Marc Fogel.
When President Biden was asked Marc Fogel in august he said “We’re not going to give that up.”
An attempt was made to include Fogel in the Aug. 1 deal, but officials were unable to make it happen.
Malphine Fogel, the mother of Marc Fogel, has previously criticized the Biden administration for not bringing your child home.
“I may be on borrowed time,” Malphine Fogel told KDKA-TV in July. “I don’t know how long I have. I want to go home while I still know him.”
What does unjustly detained mean?
Arrested unjustly is a designation given by the the full force of the US government behind securing the release of the prisoner.
According to the US State Departmentonce a person is determined to be wrongfully detained, offices “across the State Department and other US government agencies will work collaboratively with colleagues inside and outside government to develop a strategy to ensure nor liberation”.
Obtaining the determination is very rare, as most cases of Americans arrested or detained abroad “arise from legitimate law enforcement and judicial processes,” according to the government.
Malphine Fogel sued the government in June in an effort to bring her son home from Russia.
What happens next to Marc Fogel?
Once the Secretary of State designates someone as unlawfully detained, the US government is required by law to work for their release and can impose sanctions against the detaining country.
It also means the case is being transferred to a division known as the Office of the Special Presidential Envoy for Hostage Affairs, or SPEHA, which focuses on negotiating the release of detainees and hostages around the world.
But there is no clear timeline on how long it takes to release someone.
KD Fabián and Caitlin Yilek contributed to the report.