PITTSBURGH (KDKA) – Mark Fogela Pennsylvania man jailed in Russia has been labeled “wrongfully detained” by the United States government, according to a US State Department spokesman.
That designation was made 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 airport in Moscow after his family said that he was carrying 17 grams of cannabis for medical purposes to treat chronic back pain.
The Oakmont teacher was convicted of drug smuggling and drug possession and sentenced to 14 years at a high-security penal colony in Russia.
Fight to bring Marc Fogel home
Since his incarceration, Marc Fogel's family and lawmakers have been urging lawmakers to bring him home.
In 2022, thousands of people signed a petition asking the US government to do more to bring him home. Lawmakersincluding Pennsylvania Senators Bob Casey and John Fetterman and US Representative Guy Reschenthaler have also pressured President Joe Biden and Secretary of State Antony Blinken to declare his prison as wrongfully held.
In December 2022, the US and Russia agreed to a prisoner swap that included WNBA player Brittney Grinerbut Marc Fogel was not included in the contract.
In August, another prisoner exchange between Russia and the US brought home the entire Street Journal reporter Evan GershkovichMarine veteran Paul Whelan and a Russian-American radio journalist Also Kurmashevabut not Marc Fogel.
When President Biden was asked about it Mark Fogel in August, he said, “We don't give that up.”
An attempt was made to include Fogel in the contract on August 1st but the officials could not make it happen.
Malphine Fogel, mother of Marc Fogel, has previously criticized the Biden administration because he did not bring a son home.
“Maybe I'm 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 it mean to be held wrongly?
Held incorrectly is a specification that puts the full power of the US government behind the release of the prisoner.
According to the US Department of Stateonce a person is determined to be wrongfully detained, offices “across the State Department and other US government agencies work with colleagues inside and outside the government to develop a strategy to release them. “
Obtaining the decision is rare, as most cases of Americans arrested or detained abroad “arise out of law enforcement and judicial processes, ” according to the government.
Fogel Malphine sued the government in June in an attempt to bring her son home from Russia.
What happens next to Marc Fogel?
Once the secretary of state designates someone as wrongfully detained, the US government is required by law to work for their release, and can impose sanctions against the country which holds them.
It also means that the case will be transferred to a department called the Office of the Special Presidential Envoy for Austrian Affairs, or SPEHA, which aims to negotiate for detainees and release hospitality around the world.
But there is no clear timeline on how long it will take to release someone.
KD Fabián reported.
contributed to this report.