GENEVA (AP) — United Nations human rights experts say Russia violated international law by imprisoning Wall Street Journal reporter Evan Gershkovich and should release him “immediately.”
The Working Group on Arbitrary Detention, made up of independent experts convened by the U.N.’s top human rights body, said there was a “striking lack of any factual or legal substantiation” for spying charges leveled against Gershkovich, 32.
The five-member group said Gershkovich’s United States nationality has been a factor in his detention, and as a result the case against him was discriminatory.
Matthew Gillett, the working group’s chair, said its opinion was grounded in the International Covenant on Civil and Political Rights, which was adopted in 1966 and nearly all U.N. member countries have ratified.
“The covenant is something that Russia has freely signed up to and accepted the obligations under, and therefore as a matter of international law, it is obliged to implement the provisions of the covenant,” he said in an interview.
Gillett said Russia should provide Gershkovich “proper reparations” for holding him for over a year in detention without a legitimate basis.
Gershkovich went on trial behind closed doors on Wednesday in the Russian city Yekaterinburg, where he was arrested on March 29, 2023, while on a reporting trip on espionage charges that he, his employer and the U.S. government vehemently deny.
The U.N. group said in its findings that because the detention of Gershkovich was arbitrary, no trial should take place. The group cannot compel any response from Russia, and is mandated to look into cases in which countries violate international commitments that they make.
“Taking into account all the circumstances of the case, the appropriate remedy would be to release Mr. Gershkovich immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law,” the United Nations group said.
Almar Latour, the publisher of the Wall Street Journal, commended the U.N. panel and said: “Evan’s wrongful detention is a flagrant violation of his fundamental human rights.”
“As the U.N. working group recognizes, Russia is violating international law by imprisoning Evan for his journalism, silencing critical reporting, and depriving him of due process and other rights,” Latour said, calling on the U.S. and world leaders “to do everything they can to bring Evan home now.”
Gershkovich, the U.S.-born son of immigrants from the USSR, is the first Western journalist arrested on espionage charges in post-Soviet Russia. Russian authorities, without presenting evidence, claimed he was gathering secret information for the United States.
He faces up to 20 years in prison if convicted, which is almost a certainty since Russian courts convict more than 99% of the defendants who come before them.
The State Department has declared Gershkovich “wrongfully detained,” thereby committing the government to assertively seek his release.
Russia has signaled the possibility of a prisoner swap involving Gershkovich, but it says a verdict — which could take months — would have to come first.
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United Nations human rights experts have stated that Russia breached international law through the imprisonment of Wall Street Journal correspondent Evan Gershkovich and urged for his immediate release. The Working Group on Arbitrary Detention, comprising independent experts under the U.N.’s top human rights body, highlighted the absence of substantial evidence backing the spying accusations against Gershkovich, who holds U.S. citizenship and whose case was deemed discriminatory.
Matthew Gillett, the chair of the working group, emphasized the grounding of their stance in the International Covenant on Civil and Political Rights, an agreement Russia is bound by. Gillett urged Russia to offer Gershkovich suitable reparations for his unjustified year-long detention. Gershkovich faced a closed trial in Yekaterinburg, Russia, after being apprehended on espionage charges during a reporting assignment, a claim refuted by his employer and the U.S. government.
The U.N. group’s findings deemed Gershkovich’s detention arbitrary, asserting that no trial should proceed. While the group lacks enforcement power, it examines cases where nations violate international obligations they have pledged. The U.N. recommended Gershkovich’s immediate release and compensation under international law for the breach. The Wall Street Journal publisher, Almar Latour, praised the U.N. panel’s stance as a recognition of the violation of Gershkovich’s fundamental human rights.
Latour underscored Russia’s encroachment on international law by detaining Gershkovich for his journalism, suppressing critical reporting, and infringing on his due process rights. The U.S. State Department has labeled Gershkovich as “wrongfully detained,” committing to vigorously pursue his release. Gershkovich, an American of Soviet immigrant descent, faces a potential 20-year prison sentence in a country where conviction rates exceed 99%.
Russian authorities have hinted at the prospect of a prisoner exchange involving Gershkovich, contingent upon a verdict, a process that could extend over months. Foreign leaders, including those from the U.S., have been urged by Latour to intervene and secure Gershkovich’s return promptly.