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Espionage trial of US journalist Evan Gershkovich in Russia reaches closing arguments

Closing arguments began Friday in the espionage trial of American journalist Evan Gershkovich, who has been imprisoned for more than a year on charges that he, his employers and the US government strongly deny.

Gershkovich appeared in court for a second consecutive day as the trial accelerates in Russia’s highly politicized judicial system.

In previous hearings, reporters were allowed to meet briefly with Judge Gershkovich before the hearing began, but this week they were not allowed in the courtroom and he did not appear, with no explanation given.

Wall Street Journal reporter Evan Gershkovich stands inside a glass cage in a courtroom in Yekaterinburg, Russia, on June 26, 2024. AP

Espionage and treason cases are usually shrouded in secrecy.

Gershkovich, 32, was arrested on March 29, 2023, during a reporting trip to the Ural Mountain city of Yekaterinburg.

Authorities alleged, without providing evidence, that he was collecting secret information for the United States.

Born in the United States to Soviet immigrants, Gershkovich was the first Western journalist to be arrested on espionage charges in post-Soviet Russia.

“Evan’s unjust detention has been outrageous since his wrongful arrest 477 days ago and must end now,” The Wall Street Journal said in a statement Thursday.

“While Russia orchestrates this shameful show trial, we continue to press for Evan’s immediate release and do everything in our power to make clear that he was simply doing his job as a journalist and that journalism is not a crime. Bring him home now.”

A Russian Federal Enforcement Service prisoner transport vehicle enters the court yard in Yekaterinburg, Russia, ahead of a hearing on Wall Street Journal journalist Evan Gershkovich’s espionage allegations on July 18, 2024. AP

The State Department declared that Gershkovich was being “unlawfully detained” and said the government would vigorously seek his release.

If convicted, Gershkovich faces up to 20 years in prison, a near certainty in Russia’s highly politicized legal system.

Russian courts convict more than 99 percent of defendants, and prosecutors can appeal sentences they feel are too lenient. Acquittals can also be appealed.

Russian Foreign Minister Sergey Lavrov on Wednesday reaffirmed the Kremlin’s claim that it has “irrefutable evidence” against Gershkovich, though neither he nor other Russian officials have disclosed it.

Speaking at the United Nations on Wednesday, Lavrov said “special agencies” from Moscow and Washington were discussing an exchange over Gershkovich.

Russia has previously hinted at a possible exchange but has said a ruling must come first.

An armed guard stands next to a group of journalists inside the courtroom during a hearing in the case against Gershkovich at the Sverdlovsk Regional Court in Yekaterinburg, Russia, on July 18, 2024. Stringer/EPA-EFE/Shutterstock

State Department deputy spokesman Vedant Patel declined to discuss possible swap talks Thursday but said, “It has been clear from the start that Evan has done nothing wrong and should not have been detained. To date, Russia has not presented evidence of a crime to justify Evan’s continued detention.”

US Ambassador to the United Nations Linda Thomas-Greenfield accused Moscow of “treating human beings as bargaining chips”.

She singled out Mr. Gershkovich and Paul Whelan, 53, a corporate security director from Michigan and former Marine who is serving a 16-year sentence after being convicted of espionage, a charge he and the United States deny.

Gershkovich, an American Russia correspondent for The Wall Street Journal, was arrested in Yekaterinburg on March 29, 2023. AFP via Getty Images

Gershkovich’s trial began in Yekaterinburg on June 26 after he served about 15 months in Moscow’s notorious Lefortovo prison.

According to Russian media reports, on the first day of the trial, the court announced it would postpone the hearing until mid-August, but then reversed course and rescheduled the hearing for this week after Gershkovich’s lawyers asked for it to be expedited.

Russia’s prosecutor’s office said last month that the journalist was accused of “collecting secret information” on the orders of the CIA about Uralvagonzavod, a factory about 90 miles north of Yekaterinburg that makes and repairs tanks and other military equipment.

Gershkovich’s employers and U.S. authorities have denied the charges as fabricated and called the trial illegal and a sham.

“Evan has never been employed by the U.S. government.

“Evan is not a spy. Journalism is not a crime. Evan should never have been detained in the first place,” White House national security spokesman John Kirby said last month.

He has been charged with espionage under Article 276 of the Criminal Code of the Russian Federation, which carries a maximum sentence of 20 years in prison. AFP via Getty Images

In Russia, there is a broad interpretation of what constitutes serious crimes such as espionage and treason, and authorities often go after people who share publicly available information with foreigners, accusing them of leaking state secrets.

Earlier this month, UN human rights experts said Russia had violated international law by imprisoning Gershkovich and that he should be released “immediately.”

The Working Group on Arbitrary Detention, convened by the U.N.’s top human rights body and including independent experts, said the espionage charges against Gershkovich “seriously lack factual or legal support.”

The court found that the defendant’s U.S. citizenship was a factor in his detention and that, as a result, the proceedings against him were discriminatory.

Arrests of Americans are becoming increasingly common in Russia, with nine Americans known to be detained in Russia amid rising tensions between the two countries over fighting in Ukraine.

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