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PITTSBURGH (KDKA) – Marc Fogel, a Pennsylvania man imprisoned in Russia, has been designated as “wrongfully detained,” according to a U.S. State Department spokesperson.
That designation by the US government became official in October.
Fogel is currently serving a 14-year sentence in Russia for possession of medical marijuana.
Who is Marc Fogel?
When the Butler County native and his wife flew back to Russia in August 2021 for his 10th and final year of teaching in the country, Marc Fogel was detained at the Moscow airport after his family said he was carrying 17 grams. of cannabis for medical reasons. to treat chronic back pain.
The Oakmont teacher was convicted of drug smuggling and possession and sentenced to 14 years in a high-security penal colony in Russia.
Fight to bring Marc Fogel home
Since his incarceration, Marc Fogel’s family and lawmakers have urged lawmakers to bring him home.
In 2022, thousands of people signed a petition asking the US government to do more to bring him home. Lawmakers, including Pennsylvania Sens. Bob Casey and John Fetterman and U.S. Rep. Guy Reschenthaler, have also pressed President Joe Biden and Secretary of State Antony Blinken to designate his imprisonment as wrongfully detained.
In December 2022, the United States and Russia agreed to a prisoner exchange that included WNBA player Brittney Griner, but Marc Fogel was not included in the deal.
In August, another prisoner exchange between Russia and the United States brought home Wall Street Journal journalist Evan Gershkovich, Navy veteran Paul Whelan and Russian-American radio journalist Alsu Kurmasheva, but not Marc Fogel.
When President Biden was asked about Marc Fogel in August, he said, “We’re not going to give up on that.”
An attempt was made to include Fogel in the Aug. 1 deal, but officials were unable to do so.
Malphine Fogel, mother of Marc Fogel, has previously criticized the Biden administration for not bringing his son home.
“I may be on borrowed time.” Malphine Fogel told KDKA-TV in July. “I don’t know how much time I have. I want to come home while I still know him.”
What does unjustly detained mean?
Unjustly Detained is a designation that puts the full force of the United States government behind securing the prisoner’s release.
According to the US State DepartmentOnce it has been determined that a person has been wrongfully detained, offices “across the State Department and other U.S. government agencies will work collaboratively with colleagues inside and outside the government to develop a strategy to secure their release.”
Obtaining the determination is very rare, as most cases of Americans arrested or detained abroad “arise from legitimate judicial and law enforcement processes,” according to the government.
Malphine Fogel sued the government in June in an effort to bring her son home from Russia, but the lawsuit was dismissed Thursday.
What happens after Marc Fogel?
Once the Secretary of State designates someone as wrongfully detained, the law requires the U.S. government to work toward their release and can impose sanctions against the country holding them.
It also means the case is transferred to a division known as the Office of the Special Presidential Envoy for Hostage Affairs, or SPEHA, which focuses on negotiating the release of detainees and hostages around the world.
But there is no clear timeline for how long it takes to free someone.
What lawmakers say about Marc Fogel
Senator Casey said the government’s designation is an “important step” but that the United States “must finish the job and bring Marc home.”
U.S. Rep. Chris Deluzio said “the fight to free him from his wrongful detention in Russia is not over yet,” while U.S. Rep. Mike Kelly said the designation was “long overdue” before adding that he will work until Marc Fogel be free and reunited with his family.
KD Fabián and Caitlin Yilek contributed reporting.
