The UN Working Group on Arbitrary Detention said Evan Gershkovich, a Wall Street Journal reporter, is arbitrarily detained for espionage and should be released on Tuesday. The submission criticized the Russian government for the serious unjustifiable deprivation of his freedom and rights during the criminal procedure.

The UN working group on arbitrary detention found that the detention was arbitrary on four grounds. First, the group emphasized the lack of legal basis which justifies the deprivation of his rights by the arrest and long-term detention. Second, his detention by Russia constituted the infringement of Gershkovich’s rights and liberty by regulating the freedom of speech, freedom of association and right to equal treatment under the law. Third, the panel added that he was detained not only for his journalistic actions but also on the grounds of his US nationality, which is explicitly discriminatory contrary to international human rights law. Lastly, the panel pointed out that the Russian authorities did not sufficiently guarantee his rights during the proceedings, including the right to a fair public hearing and trial, presumption of innocence and access to counsel.

Consequently, the working group required Russia both the instant release of Gershkovich and the review of Article 276 of its criminal code, which punishes espionage, in a manner which conforms to international human rights law.

Gershkovich was arrested in March 2023 with the suspicion of transferring Russian military-related information to the US, and the Russian prosecutors approved sending an espionage indictment against him in June 2024. The Sverdlovsky Regional Court later declared that the trial of the journalist would be held behind closed doors. 

Since March 2022, Russia has strengthened restrictions against journalists reporting war-related information. It further banned the transmission of such news to other states or international organizations by expanding the definition of espionage.