The International Bar Association's Human Rights Institute (IBAHRI) strongly condemns the 19 July sentencing of Evan Gershkovich, an American journalist for the Wall Street Journal, by a Russian Court in Yekaterinburg to 16 years in prison on espionage charges. The reporter's arbitrary detention and conviction pose serious threats to media freedom and the security of journalists.
IBAHRI Co-chair and Immediate Past Secretary General of the Swedish Bar Association, Anne Ramberg Dr Jur hc, commented: 'The persecution, wrongful arrest, detention, "trial" and sentencing of Evan Gershkovich is a shameful marker of the crackdown on free expression in Russia. Mr Gershkovich has already been in detention at the Lefortovo prison in Moscow for 16 months without evidence of any wrongdoing. Now, he has been dealt a tremendously severe sentence of 16 years on seemingly baseless charges, which is to be served in a high-security penal colony. The IBAHRI urges the Russian authorities to reverse this outcome without delay. Furthermore, we urge the Russian authorities to respect their obligations under international human rights law, in particular those of the International Covenant on Civil and Political Rights [ICCPR], and to promote and protect the vital role of journalists in democratic societies.'
Mr Gershkovich was arbitrarily detained by the Russian federal Security Service on 29 March 2023 on what have been reported as 'fabricated' espionage charges whilst on a reporting trip to Yekaterinburg. Notwithstanding a complete lack of evidence, Mr Gershkovich was accused of gathering information amounting to 'state secrets' on the order of the United States government. He denies the allegations.
In an Opinion delivered by the UN's Working Group on Arbitrary Detention in May 2024, Mr Gershkovich's deprivation of liberty was found to contravene Articles 2, 7, 10, 11 and 19 of the Universal Declaration of Human Rights (UDHR) and Articles 2, 9, 14, 19 and 26 of the ICCPR. The UN Working Group on Arbitrary Detention found his detention to be arbitrary, falling within categories I, II, III and V and called for the immediate release of Mr Gershkovich and for him to be accorded an enforceable right to compensation and other reparations, in accordance with international law.
On 17 July 2024, the UN Special Rapporteur on the situation of human rights in the Russian Federation, Mariana Katzarova and the UN Special Rapporteur on freedom of expression and opinion, Irene Khan issued a joint statement condemning Mr Gershkovich's arbitrary detention as an attack against independent journalism, noting that the case was 'the first time since the Soviet era that the Russian authorities have accused a US journalist of espionage and it sends a chilling message to all foreign journalists and, indeed, to all journalists in Russia.'
Mr Gershkovich's trial raised serious concerns about the lack of fair trial guarantees and due process of law protections, in violation of Article 10 of the UDHR and Article 14 of the ICCPR. Prosecutors failed to make available any evidence corroborating the espionage charges. The trial, which took place over three days, was conducted behind closed doors, in blatant violation of the right to a public hearing and the proceedings concluded, in only three hearings, in a matter of weeks. Mr Gershkovich's lawyers were also prohibited by law from speaking publicly about the case and faced serious penalties if they were to do so.
On the same day as Mr Gershkovich's sentencing hearing, Russian-American journalist and an editor for the Tatar-Bashkir service at Radio Free Europe/Radio Liberty, Aslu Kurmasheva, was 'tried' and convicted in secret in a Russian court in Kazan to six and half years' imprisonment, on charges of spreading 'fake' news about the Russian army. Supreme Court of Tatarstan spokesperson, Natalya Loseva, said that Ms Kurmasheva was ordered to serve the sentence in a medium-security penal colony.
Ms Kurmasheva was first detained in October 2023 on the charge of failing to register as a 'foreign agent'. She was additionally accused of disseminating 'fake' information about the Russian army in December 2023. This was in relation to the book titled 'No to War' about citizens who opposed Russia's war with Ukraine, which was edited by Ms Kurmasheva and published by the Tatar-Bashkir service in 2022.
Stephen Capus, President and CEO of Radio Free Europe/Radio Liberty, expressed concern, noting 'this secret trial and conviction make a mockery of justice - the only just outcome is for Alsu to be immediately released from prison by her Russian captors. It's beyond time for this American citizen, our dear colleague, to be reunited with her loving family.' The status of the foreign agent case against Ms Kurmasheva, which carries a sentence of up to five years, is unknown.
IBAHRI Co-Chair, Mark Stephens CBE, stated: 'The arbitrary detention and conviction of journalists Evan Gershkovich and Aslu Kurmasheva sends a chilling message to journalists worldwide and constitutes an outrageous attack on media freedom. It is symbolic of the Kremlin's brutal crackdown on truth and dissent, especially those opposing the war against Ukraine. The international community must speak out against this deplorable action and call for the immediate release of Mr Gershkovich, Ms Kurmasheva and the other at least 20 detained journalists in Russia, simply for doing their jobs. Swift action is required to protect the truth, and the truth tellers, the world over.'
