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American teacher Marc Fogel was detained at Moscow airport in 2021 for carrying prescribed marijuana in his luggage and was later sentenced to 14 years of labor in a Russian penal colony.
In the wake of the historic swap deal executed between Russia and the US for the release of WNBA star Brittney Griner from a Russian prison in exchange for arms dealer Viktor Bout’s release from the US, several people also called for the release of Fogel.
During the negotiations of the prisoner swap, US Marine Paul Whelan was also described as a “wrongfully detained” American citizen in Russia. However, Fogel's name was not mentioned once during the proposals.
Ahead of Griner’s release, Marc Fogel's niece, Kelly Leguineche, told CBS News that State Department officials have not named her uncle as one of the American detainees “wrongfully” held in Russia:
“It's devastating because it feels like this was our last opportunity to save his life, and we just couldn't get the momentum we needed for it to matter to them.”
Leguineche also opened up about her fears of not seeing her uncle again and said:
"No one in the family or anyone that we've spoken to who is knowledgeable about the conditions of the penal colony thinks that he will survive anything close to this term.”
They added:
“Paying with your life for having less than an ounce of personal use, medicinal marijuana for chronic spinal pain is not justice.”
Similar to Griner, Marc Fogel was also arrested for carrying medical marijuana, a substance that is considered illegal in Russia. The latter reportedly had nearly 17 grams of marijuana in his luggage, which is 20 times more than a gram of hash oil found inside Griner’s vaporizer cartridges.
Both parties claimed that the drugs were medically prescribed for severe pain, but the Russian law considers no exceptions, and cannabis is considered illegal even if prescribed by a doctor.
A look into Marc Fogel’s arrest in Russia
On August 14, 2021, the-then 60-year-old Anglo-American School (AAS) teacher Marc Fogel was arrested at a Moscow airport with approximately 17 grams of cannabis while he was traveling with his wife to teach at an international private school in Moscow.
Although the educator mentioned that the substance was prescribed to him by a doctor in the US to treat his critical spinal condition and associated pain, Fogel was still detained in a Russian prison.
On June 16, 2022, a Russian court sentenced the teacher to 14 years in a penal colony following 10 months in pretrial detention. Reports suggest that the sentence was allegedly longer than the ones usually given to major drug traffickers and sometimes even murderers.
During the hearing, the court also mentioned Fogel’s history of health issues, commendable record as a teacher, sincere regret, and lack of any previous criminal records, but did not consider lessening his sentence based on either of the points.
According to The National Interest, Marc Fogel’s rights as a prisoner were repeatedly violated in Russia. He has not received any visits from the consuls since November 2021 and was not allowed to contact his family via phone.
He was allegedly given injections without proper medical evaluation, including doses of diclofenac, known for having severe side effects like chest pain, abdominal pain, and vomiting. Fogel reportedly told his lawyers that the dosage and frequency of the injections exceeded the recommended limit.
None of the claims have been verified, as prison officials have reportedly denied to provide Fogel’s medical records to his lawyers. More recently, the detainee’s niece, Kelly Leguineche, told CBS News that no explanation has been given by the State Department about her uncle not being addressed as "wrongfully detained" by the U.S. government.
The classification reportedly allows the special presidential envoy for hostage affairs to start negotiations for the detainee’s release. Leguineche said that State Department officials advised their family keep a low profile and hope for a lenient sentence when Fogel was arrested last year.
Unfortunately, the educator was given a 14-year sentence in June. Lawyer Sasha Phillips, an advisor to Fogel family told the publication that they were concerned about Marc Fogel’s status:
“We are concerned that Marc's name has not been mentioned in connection with the current prisoner exchange negotiations.”
Phillips said she believes Fogel’s sentencing was harsh as compared to other situations due to political tensions:
“The same court that gave Marc 14 years for less than 20 grams of medical marijuana, gave 15 years for contraband and sale of over 105 kilos of cocaine.”
Leguineche also said that she had “almost no insight” into her uncle's current condition as the family is only allowed to communicate with him through letters translated into Russian for screening.
Earlier this month, a bipartisan group of 11 congressmen from Pennsylvania, Fogel’s home state, urged US Secretary of State Anthony Blinken to classify Marc Fogel as “wrongfully detained.”
Meanwhile, Fogel’s niece launched an online petition in an attempt to draw attention to her uncle’s story as the outcry over basketball star Brittney Griner's release from Russia continued to grow louder.
Leguineche said they are still hopeful that the State Department will reach out to their family and explain their plans so that they can get an “indication” that Marc Fogel will not be forgotten.
Twitter demands Marc Fogel’s release as Brittney Griner is freed from Russian prison
Brittney Griner’s arrest at the Sheremetyevo International Airport for carrying medical cannabis and her detention at a Russian prison sparked major outrage across the US, with several people urging the government to bring back the WNBA star.
Following months of prisoner swap negotiations between Russia and the US, Griner was finally released from prison in exchange for Viktor Bout. While America celebrated the athlete’s return, some made renewed calls for the release of American teacher Marc Fogel.
Many also took to Twitter to request that authorities consider steps that could bring the educator back home:
As demands and requests continue to pour in online, it remains to be seen if the US State Department will address the concerns surrounding Marc Fogel's imprisonment in Russia and provide him a “wrongfully detained” status.
