US mulling ‘wrongfully detained’ designation for US journalist jailed in Russia News
Photos: Evan Gershkovich // Facebook, Flickr
US mulling ‘wrongfully detained’ designation for US journalist jailed in Russia

Secretary of State Antony Blinken on Wednesday said the US government is working to determine whether Wall Street Journal reporter Evan Gershkovich is being wrongfully detained for espionage in Russia.

During a press briefing in Brussels, Vivian Salama of the Wall Street Journal asked Blinken whether he plans to approve the “wrongfully detained” designation for her colleague Gerschkovich. In response, Secretary stated:

From my perspective . . . there is no higher priority than the safety and security of American citizens around the world and that includes those who may be wrongfully detained, held hostage, or otherwise kept from coming home . . . . In Evan’s case, we are working through the determination on wrongful detention. There’s a process to do that and it’s something that we’re working through very deliberately but expeditiously as well. I’ll let that process play out. In my own mind, there’s no doubt that he’s being wrongfully detained by Russia.

The process Blinken referenced is carried out primarily by consular officials tasked with ensuring the lawful treatment of detained US nationals. The wrongful detention judgment, though not a legal determination, includes assessing the circumstances for indications of an arrest on arbitrary and discriminatory grounds. The US policy concerning wrongful detentions is driven by the Levinson Act, EO 13698, and Presidential Policy Directive 30.

An official wrongful detention determination could signal the government’s intentions to intensify its efforts to free Gershkovich. Ultimately though, legal limitations confine the government’s scope of power in protecting detained US nationals.

Blinken’s remarks follow concerns expressed by the White House regarding “the targeting of American citizens by the Russian government.” Attorneys for Gerschkovich also filed an appeal of his charges in a Russian court Monday.