The UN Working Group on Arbitrary Detention has called for the immediate release of Evan Gershkovich, a journalist for the Wall Street Journal, who is currently detained in Russia on charges of espionage. The working group has asserted that Gershkovich’s detention is arbitrary and infringes on his human rights. They outlined four primary grounds for their conclusion.
First, they noted a lack of legal basis for Gershkovich’s detention, highlighting that the arrest and prolonged detention were unjustifiable. Secondly, they pointed out that Gershkovich’s detention violated fundamental rights such as freedom of speech, freedom of association, and the right to equal treatment under the law. Importantly, the working group stated that Gershkovich has been specifically targeted due to his U.S. nationality, which they argue is discriminatory and violates international human rights law. Lastly, they contended that the Russian authorities failed to ensure Gershkovich’s right to a fair public hearing, presumption of innocence, and access to legal counsel during the proceedings.
In light of these findings, the working group has not only demanded Gershkovich’s immediate release but also called for a review of Article 276 of the Russian criminal code, which pertains to espionage, to ensure it aligns with international human rights standards. Details on the group’s findings can be viewed in their report.
Gershkovich was detained in March 2023 under accusations of transmitting sensitive military-related information to the United States. The case against him progressed in June 2024, with Russian prosecutors sending an espionage indictment to court. Subsequently, the Sverdlovsky Regional Court declared that the trial would be conducted behind closed doors. More information on these developments is available here.
Since March 2022, Russia has implemented stricter measures against journalists, particularly those reporting on wartime activities, and has expanded the definition of espionage to include the transmission of such information to foreign states or international bodies. For a broader context on the conditions for journalists in Russia, refer to this report.