Former U.S. Marine held in Russia as a “Spy” Convicted, Sentenced to 16 Years in Prison
UPDATE: 15 June:
The Conviction, 16 Year Senttence of U.S. Citizen Paul Whelan in Russia
PRESS STATEMENT MICHAEL R. POMPEO, SECRETARY OF STATE
The United States is outraged by the decision of a Russian court today to convict U.S. citizen Paul Whelan after a secret trial, with secret evidence, and without appropriate allowances for defense witnesses. We have serious concerns that Mr. Whelan was deprived of the fair trial guarantees that Russia is required to provide him in accordance with its international human rights obligations.
The treatment of Paul Whelan at the hands of Russian authorities has been appalling. Russia failed to provide Mr. Whelan with a fair hearing before an independent and impartial tribunal; and during his detention has put his life at risk by ignoring his long-standing medical condition; and unconscionably kept him isolated from family and friends.
We demand Paul Whelan’s immediate release.
U.S. Embassy Russia Background:
It is during challenging times like these that we must not lose sight of what is fundamentally important. As the U.S. Ambassador to Russia, my highest priority is the security and well-being of all U.S. citizens in this country. This includes Paul Whelan, a U.S. citizen who has been unjustly imprisoned for nearly 16 months and is currently undergoing a trial for spurious charges.
Today, I attempted to see Paul inside the courthouse before his scheduled hearing, but I was not allowed inside the courthouse. I was disappointed because the authorities allowed me to see and speak with Paul in the same courthouse just three weeks ago.
What is more disheartening is that Paul has not been able to talk with his family in 16 months – not one phone call to his elderly parents, brothers, or sister. As much of Russia prepares to celebrate Easter this Sunday, I call on the authorities to allow Paul to speak with his family. One phone call on this important holiday will be a godsend to Paul and his family at a time when the entire world, including the United States and Russia, is suffering from the COVID-19 pandemic.
Speaking of suffering, Paul continues to endure complicated medical issues that are potentially life threatening and require treatment. We have repeatedly asked for our doctors to visit Paul but have been met with only denials. I remain concerned about Paul’s health and welfare; he needs medical care and he needs to go home. That’s the bottom line.
I came to Moscow with a charge from President Trump to improve the relationship between the United States and Russia, and I am working hard on doing exactly that. The entire case against Paul – the circumstances of his arrest, total lack of evidence, and ongoing imprisonment – is not only morally wrong and legally suspect but represents a significant obstacle in the U.S.-Russia bilateral relationship. The Russian government needs to release Paul from Lefortovo prison and let him go home.
As this process moves forward, I hope we all see a fair and transparent judicial process for Paul and his family. Every citizen of every country in the world deserves that.
As I have said before, this is a human right enshrined in the United Nations’ Universal Declaration of Human Rights: Everyone is entitled to a fair and public hearing by an independent and impartial tribunal, and everyone has the right to be presumed innocent until proven guilty by such a tribunal.
Nearly 16 months in jail without a single phone call. Nearly 16 months without hearing his family’s voices. This is Paul’s reality.
I continue to call on the members of the Russian and international media to help ensure that Paul Whelan is accorded a fair and transparent trial. By reporting facts and not speculation, journalists play a key role in this important process.u
UPDATE May 25
Former Marine held in Russia as a “Spy” Faces 18 Years in Prison RFE/RL
Russian prosecutors have asked a Moscow court to find former Marine Paul Whelan guilty of espionage — a charge Whelan and U.S. officials vehemently deny — and sentence him to 18 years in prison.
Whelan’s lawyer, Vladimir Zherebenkov, said on May 25 that the Moscow City Court set June 15 as the date to hand down its verdict after a high-profile trial that has strained ties with Washington.
“Frankly speaking, we are all in shock,” Zherebenkov said outside the Moscow City Court, where the trial was held.
According to Zherebenkov, his client reacted “with dignity” to the prosecutor’s demand, adding that, in all, 15 witnesses had testified at the trial.
“The prosecutor questioned its four witnesses, who were mainly operatives of the secret service, while defense questioned its 11 witnesses, who are people Whelan was in touch with while in Russia. All of them testified that Paul had not ‘recruited’ anyone and had never collect any secret information,” Zherebenkov said.
The 50-year-old Whelan, who also holds British, Canadian, and Irish citizenships, again told the court in his final statement that he was not guilty.
Whelan was arrested in Moscow in December 2018 and in March this year went on trial, despite the coronavirus pandemic and diplomatic protests.
Prosecutors claim that a flash disc found in his possession contained classified information.
USB Drive
Whelan says he was framed when he took a USB drive from an acquaintance thinking it contained holiday photos and that the allegations of spying against him are politically motivated. He has also accused his prison guards of mistreatment.
The trial was held behind closed doors because the evidence includes classified materials, as well as because of measures taken to slow the spread of the coronavirus.
Whelan was head of global security at a U.S. auto-parts supplier at the time of his arrest. He and his relatives insist he visited Russia to attend a wedding.
U.S. officials have urged Moscow to release Whelan and criticized the Russian authorities for their “shameful treatment” of him.
After the sentencing demand, the U.S. ambassador in Moscow, John Sullivan, said “this secret trial is a mockery of justice.”
“There is no legitimacy to a procedure that is hidden behind closed doors. It
UPDATE march 18: Date Set For Trial Of U.S. Citizen Charged With ‘Espionage’ In Russia RFE
The trial of a former U.S. Marine who is being held in a Moscow prison on espionage charges will start on March 23, his lawyers say, with RFE reporting
Olga Karlova and Vladimir Zherebenkov said on March 19 that Paul Whelan’s trial will be held behind closed doors as the case materials are classified.
The 50-year-old Whelan, who holds U.S., British, Canadian, and Irish passports, was arrested in a hotel room in Moscow in December 2018 and accused of receiving classified information.
He was charged with espionage, which carries a sentence of up to 20 years in prison. Whelan denies the charges and says he was framed.
Whelan’s family said that, at the time of his arrest, he was in Moscow for a wedding.
Whelan’s brother, David, told the nterfax news agency on March 19 that officials from the U.S., British, Canadian, and Irish embassies had been barred from visiting the detainee in Moscow’s Lefortovo detention center due to the coronavirus outbreak.
BACKGROUND 2019
Russia, US Spar Over Former Marine Detained on Espionage Charges
By Charles Maynes VOA
Russia’s Foreign Ministry has accused a former U.S. Marine currently facing charges of espionage of faking health problems and lying about his poor treatment while in custody — comments the U.S. Embassy in Moscow called “pulp fiction.”
The diplomatic back and forth involves Paul Whelan, who was arrested for spying in December 2018 after allegedly accepting classified materials on a computer flash drive in a central Moscow hotel.
The case has proven an additional irritant to U.S.-Russian relations that already are strained by events in Syria, Ukraine, and Moscow’s alleged interference in the 2016 U.S. presidential elections.
Whelan, who holds passports from Britain, Canada and Ireland, in addition to the United States, has repeatedly denied the charges. He insists he was in Moscow for a friend’s wedding and accepted the flash drive from a Russian acquaintance without knowing or ever viewing its contents.
In occasional court appearances and through his lawyer, Whelan has consistently claimed mistreatment by prison officials and Russian security services, including physical threats and a lack of medical care during his detention over the past year.
A statement posted to Russia’s Foreign Ministry website addressed those claims.
The statement accused Whelan of fabricating the complaints as part of “yet another mass-scale disinformation campaign aimed at smearing Russia’s image.” It also said American “controlled media” had artificially “created noise around this person” by disseminating numerous falsehoods about Whelan’s case.
The ex-Marine, the statement noted, had been caught “red-handed,” with his “spying activities fully documented.”
The statement also insisted Whelan had regular visits “every week” from U.S. Embassy personnel, as well other countries from which he holds passports.
The Russian Foreign Ministry noted that Whelan received medical care upon request but had declined a “minor surgery” at a Russian hospital, opting for medication, instead.US Detainee Paul Whelan Declines Surgery for Medical ConditionLawyer for American held on espionage allegations says client distrusts Russian physicians
“So, there is no threat to Whelan’s health,” concluded the statement. “As for feigned illnesses to which he resorts from time to time, this is apparently part of U.S. intelligence agent training.”
US reacts
U.S. Embassy press spokeswoman in Moscow, Rebecca Ross, responded with an extended tweet that called the Foreign Ministry’s version “pulp fiction,” while presenting a starkly different narrative.
FACT: In the 11 months he has been detained, #PaulWhelan has not been able to place a single phone call. He has not heard his parents’ voices in almost a year. When will they let him call home? @mfa_russia (6/7)
The Ministry of Foreign Affairs should stop distorting the facts. #PaulWhelan is not a spy. Still no evidence. Still no calls to his family. Enough is enough. Let Paul go home. @mfa_russia (7/7)1510:15 AM – Dec 3, 2019Twitter Ads info and privacySee Rebecca Ross’s other Tweets
Ross condemned Russia’s depiction of Whelan’s health, arguing it was, in fact, “deteriorating.” She said Russia had not allowed Whelan a single phone call to family since his detention.
Ross also noted that “no evidence of any crime has been provided to date,” while Whelan — who speaks little or no Russian — had been kept uninformed about trial proceedings.
“How is Paul supposed to understand what he is being accused of if he can’t even read it?” she asked. “The Ministry of Foreign Affairs should stop distorting the facts. #PaulWhelan is not a spy. Still no evidence. Still no calls to his family. Enough is enough. Let Paul go home,” she said.
Ordeal nears end
After nearly a year of pre-trial hearings largely closed to the public, the espionage case against Whelan appears now headed toward a final conclusion.
In its statement, Russia’s Foreign Ministry confirmed that an investigation by Russia’s Federal Security Services was now complete, but it accused Whelan of “deliberately drawing out” the process with a delayed response to an indictment.
Yet at his most recent court hearing, Whelan was only allowed to attend by video simulcast and was seen holding an illegible handwritten sign.
Whelan’s lawyer, Vladimir Zherebenkov, later called for his client to be included in a wider prisoner swap, given his various passports.
“Paul is a citizen of four countries. None of them has asked to organize his exchange, yet,” said Zherebenkov. “Take the initiative, gentlemen!”
Whelan has called on President Donald Trump to intervene on his behalf, asking him “to tweet your intentions” about what Whelan has called “the Moscow goat rodeo.”
If convicted of espionage, Whelan faces the possibility of 10 to 20 years in prison.