PITTSBURGH (KDKA) – Marc Fogel, a Pennsylvania man imprisoned in Russia, has been labeled “wrongfully detained,” according to a U.S. State Department spokesperson.
That designation by the US government was made official in October.
Fogel is currently serving a 14-year prison sentence in Russia for possession of medical marijuana.
Who is Marc Fogel?
As the Butler County resident and his wife flew back to Russia in August 2021 for their 10th and final year of teaching in the country, Marc Fogel was detained at the Moscow airport after his family said he was carrying 17 grams of cannabis for medical reasons . to treat chronic back pain.
The Oakmont teacher was convicted of drug smuggling and drug possession and sentenced to 14 years in a high-security penal colony in Russia.
Fight to bring Marc Fogel home
Since his captivity, Marc Fogel’s family and lawmakers have urged lawmakers to bring him home.
In 2022, thousands of people signed a petition calling on the U.S. government to do more to bring him home. Lawmakers including Pennsylvania Senators Bob Casey and John Fetterman and U.S. Representative Guy Reschenthaler have also pressured President Joe Biden and Secretary of State Antony Blinken to declare his captivity unlawful.
In December 2022, the US and Russia agreed to a prisoner swap involving WNBA player Brittney Griner, but the deal did not include Marc Fogel.
In August, another prisoner swap between Russia and the US all brought home Street Journal reporter Evan Gershkovich, Navy veteran Paul Whelan and Russian-American radio journalist Alsu Kurmasheva, but not Marc Fogel.
When President Biden was asked about Marc Fogel in August, he said, “We’re not giving up on that.”
An attempt was made to include Fogel in the August 1 deal, but officials were unsuccessful.
Malphine Fogel, mother of Marc Fogel, has previously criticized the Biden administration for not bringing her son home.
‘Maybe I’m on borrowed time’ Malphine Fogel told KDKA-TV in July. ‘I don’t know how much time I have. I want to come home while I still know him.’
What does unlawful detention mean?
Wrongfully detained is a designation that puts the full force of the U.S. government behind securing the prisoner’s release.
According to the U.S. Department of State, once it is determined that an individual has been wrongfully detained, offices “across the Department of State and other U.S. government agencies will work with colleagues inside and outside the government to develop a strategy to address their to secure release.”
Obtaining this decision is very rare, as most cases of Americans being arrested or detained abroad “arise out of legitimate law enforcement and judicial processes,” the government said.
Malphine Fogel sued the government in June in an attempt to get her son home from Russia.
What happens next to Marc Fogel?
Once the Secretary of State detains someone unlawfully, the U.S. government is legally obligated to work for their release and can impose sanctions on the country detaining the person.
It also means transferring the case to a department 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 will take to release someone.
KD Fabián and Caitlin Yilek contributed reporting.
