Americans in Russian Jails: Hostage Diplomacy

Paul Whelan, American citizen and former US Marine reservist, was arrested in Moscow in December of 2018; in 2020, he was sentenced to 16 years hard labor at the Mardovia prison camp on charges of espionage, charges the man denies,: https://www.detroitnews.com/story/news/local/michigan/2021/12/28/after-3-years-detained-russia-paul-whelan-has-lost-everything/9033442002/. Likewise, in August of 2019, former US Marine Trevor Reed was arrested in Moscow, and was sentenced to nine years in prison on charges of assault related to a purported drunken altercation, though it should be noted that he was reportedly questioned by FSB agents while at the police station after his initial arrest: Emily Caldwell, https://www.dallasnews.com/news/politics/2022/02/17/north-texan-trevor-reed-jailed-in-russia-ill-and-coughing-up-blood-as-tensions-over-ukraine-rise/; Connor Finnegan and Patrick Reevell, https://abcnews.go.com/Politics/amid-war-ukraine-us-marine-detained-russia-faces/story?id=83227483. In July of 2020, Reed was likewise sent to the Mardovia prison camp, and he has reportedly fallen ill from tuberculosis: Connor Finnegan and Patrick Reevell, https://abcnews.go.com/Politics/amid-war-ukraine-us-marine-detained-russia-faces/story?id=83227483. Both of these men remain in Russian prisons, and the US and the Kremlin have not been able to reach an agreement regarding some form of release or exchange over the past few years.

UPDATE:

On April 27th, Secretary of State Antony Blinken issued the following official statement regarding Trevor Reed (https://www.state.gov/release-of-u-s-citizen-trevor-reed-from-russia/):

“I am pleased to announce the release of U.S. citizen Trevor Reed, who was wrongfully detained in Russia. We extend our deep appreciation to our many allies and partners who helped us in this effort.

I also wish to commend Special Presidential Envoy for Hostage Affairs Ambassador Carstens, Ambassador John Sullivan, and others in our government who have worked tirelessly to achieve this outcome.

We welcome this important release, while continuing to call for the release of wrongfully detained U.S. citizen Paul Whelan. We also remain committed to securing the freedom of all U.S. nationals wrongfully detained abroad.”

Though Trevor Reed has returned home, as the Secretary of State already noted, Paul Whelan remains in Russian custody (https://www.freepaulwhelan.com/index.php/updates-paul-whelan-american-travel-moscow-russia-tourist-lefortovo-detention-medical-passport-british-canadian-irish-citizen-arrested-wrongfully-detained-fsb-travel-advisroy-safe-danger).

More recently, the professional American basketball player and WNBA star Brittney Griner was arrested for carrying illegal substances in an airport near Moscow on February 17, a week prior to Vladimir Putin’s invasion of Ukraine that is ongoing: Deena Zaru and Connor Finnegan, https://abcnews.go.com/Sports/brittney-griner-meets-us-officials-amid-concerns-russian/story?id=83645017. According to the article, US officials have expressed concerns that Griner and other Americans currently in Russian custody- no doubt including Whelan and Reed- could be employed as leverage against Washington DC as Russia’s war of aggression continues in the coming days and weeks; indeed, the US embassy in Moscow dispatched a consular official to speak with Griner. This video demonstrates the State Department’s official concerns regarding the situation:

UPDATE:

Brittney Griner was sentenced to nine years in prison by a Russian court on August 4th on the basis of the drug charge from earlier this year. The State Department has made it clear that it considers this charge, and the sentencing that has now resulted, to be wrongful. The US government remains committed, according to the State Department, to seeing to her release as well as Whelan’s. The following is the official statement of the Secretary of State (https://www.state.gov/conviction-and-sentencing-of-u-s-citizen-brittney-griner-in-russia/):

“Today’s conviction and sentencing by a Russian court of U.S. citizen Brittney Griner to nine years in prison further compounds the injustice of her wrongful detention. This step puts a spotlight on our significant concerns with Russia’s legal system and the Russian government’s use of wrongful detentions to advance its own agenda, using individuals as political pawns.

Nothing about today’s decision changes our determination that Brittney Griner is wrongfully detained, and we will continue working to bring Brittney and fellow wrongfully detained U.S. citizen Paul Whelan home. This is an absolute priority of mine and the Department’s.

We will also continue to press for fair and transparent treatment for all U.S. citizen detainees in Russia.

Russia, and any country engaging in wrongful detention, represents a threat to the safety of everyone traveling, working, and living abroad.  The United States opposes this practice everywhere.”

UPDATE:

As of October 25th, Griner’s sentence has been upheld by Russian authorities, with a reduction for time served in the interim. https://www.npr.org/2022/10/24/1131007778/brittney-griner-appeal-decision-russia

Regardless of the factual basis for these charges, both Whelan and Griner are now at the center of an international crisis between two major world powers, and as such have become political pawns. It would appear that the Kremlin may be engaging in hostage diplomacy in an attempt to influence US policy toward them as they attempt to force their will on Kyiv. This practice has become unfortunately commonplace in relations between governments around the world, though the exact reasons this is done in each case can be difficult to grasp. As noted by Danielle Pletka, countries such as Iran and China have employed this practice; Iran has detained American citizens, and the Beijing has done so with American and Canadian citizens: https://www.aei.org/op-eds/hostage-diplomacy-is-back-it-requires-a-forceful-response/. The above author advocates for a strong response to such measures, including banning travel of US citizens to offending countries, citing the like action taken by the Reagan administration toward Lebanon.

No doubt the author would argue similarly regarding Russia, especially now that the Kremlin’s escalated its already tense relationship with the West. Cited below is a portion of the US State Department’s travel advisory for the Russian Federation: “Do not travel to Russia due to the unprovoked and unjustified attack by Russian military forces in Ukraine, the potential for harassment against U.S. citizens by Russian government security officials, the Embassy’s limited ability to assist U.S. citizens in Russia, COVID-19 and related entry restrictions, terrorism, limited flights into and out of Russia, and the arbitrary enforcement of local law.  U.S. citizens should depart Russia immediately.” For the full advisory and additional information provided by the State Department, use this: https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/russia-travel-advisory.html. However, the US government has not outright banned travel to Russia for American citizens, and as of early March had not placed any notable restrictions upon such activity: Silas Valentino, https://www.sfgate.com/travel/article/can-americans-travel-to-russia-16978440.php. As such, Americans must carefully consider the inherent risks of travelling to Russia under present circumstances; US authorities will be limited in their ability to protect such individuals from actions by Russian authorities.

Stephen Walt has attempted to lay out explanations for why governments would attempt hostage diplomacy as a tool in an article for Foreign Policy. He gives five possible reasons, paraphrased here: those accused and sentenced may in fact be guilty of the charges they face, espionage or otherwise; the government in question may view their activities as espionage regardless of international interpretation of them; the government may be engaged in what Walt calls “tit for tat”, that is reacting to the arrest of one of their nationals; the government may be seeking leverage over another power through arresting one or more of said power’s nationals; or hardliners within the government may be attempting to maintain tense relations and prevent reconciliation they do not desire; https://foreignpolicy.com/2021/02/17/why-hostage-diplomacy-works/. Beyond this, Walt argues that while hostage diplomacy may work to a certain degree, the negative consequences for the regime that practices it would likely outweigh any benefits; he specifically cites the damage done to Chinese and Iranian attempts at close relations with the West due to their regimes engaging in the practice. However, it is worth noting that, at least in the case of Vladimir Putin’s regime and its willingness to invade its neighbor country without any justification the West would be willing to accept, this would appear moot. After all, the war in Ukraine will do at least as much damage to any close relations with Washington DC or Brussels as hostage diplomacy.

This leaves Paul Whelan and Brittney Griner in a dangerous situation to say the least. While they remain in Russian prisons, they can be exploited as leverage against the United States by a regime whose leader seems uncaring about the damage to his international reputation resulting from the war he has started. Only time will tell whether or not US diplomacy can secure their release and safe return to the states. Trevor Reed has been released during this period, however, which suggests that there is still a strong possibility of securing the return of Whelan and Griner.

UPDATE:

On December 8th, 2022, Brittney Griner was released by Russian authorities as part of a prison swap. President Biden gave remarks regarding this action on that day, followed by Cherelle Griner, Griner’s wife:

Furthermore, Secretary of State Antony Blinken gave an official statement:

“This morning, I joined President Biden, Vice President Harris, National Security Advisor Sullivan, and Cherelle Griner in the Oval Office, as Cherelle spoke to her wife Brittney, who is now on her way back to the United States and to her wife’s loving embrace. I am grateful to the State Department team and to our colleagues across the government who worked tirelessly to secure her release.  I especially commend Special Presidential Envoy for Hostage Affairs Roger Carstens, who is accompanying Brittney back to the United States, as well as his entire team. We also extend deep appreciation to our many partners who helped achieve this outcome, including our Emirati friends, who assisted in the transfer today.

While we celebrate Brittney’s release, Paul Whelan and his family continue to suffer needlessly.  Despite our ceaseless efforts, the Russian Government has not yet been willing to bring a long overdue end to his wrongful detention. I wholeheartedly wish we could have brought Paul home today on the same plane with Brittney. Nevertheless, we will not relent in our efforts to bring Paul and all other U.S. nationals held hostage or wrongfully detained abroad home to their loved ones where they belong.”

Griner was traded for Viktor Bout, a Russian national who was convicted in 2011 for engaging in arms dealing with adversaries of the United States. According to a release from the Department of Justice published in November 2nd, 2011, he was indicted on the following charges:

“Bout was convicted today of conspiring to kill U.S. nationals; conspiring to kill U.S. officers and employees; conspiring to acquire and use anti-aircraft missiles; and conspiring to provide material support to a designated foreign terrorist organization.”

The link below is to the full release:

https://www.justice.gov/opa/pr/international-arms-dealer-viktor-bout-convict

On April 5th, 2012, Bout was sentenced to 25 years in prison: https://www.justice.gov/archive/usao/nys/pressreleases/April12/boutviktorsentencing.html.

Paul Whelan, however, remains in Russian custody. His brother, David Whelan, has spoken on behalf of the family regarding their reaction to Griner’s release and Whelan remaining imprisoned abroad:

https://abcnews.go.com/GMA/News/video/david-whelan-talks-brittney-griners-release-fight-free-94841521

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