Why Is Paul Whelan in Jail?

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There are currently four Americans wrongfully detained in Russia, according to the U.S. government. Among them is Paul Whelan, a former marine who went to Russia to attend a friend’s wedding. Unfortunately, what could have been a happy occasion has become an ongoing nightmare. 

Russian authorities barged into Whelan’s hotel room and arrested him promptly. The reason for the arrest is that Moscow thinks Whelan is an American spy. 

The former marine’s case was publicized and got the attention of America. After all, despite some successful prison swaps between the United States and Russia, Whelan is still in Russia, languishing behind bars.

So, why is Paul Whelan in jail? Why is he not yet swapped with another Russian prisoner? Does Moscow arbitrarily arrest people they deem a threat?

This article explores why Paul Whelan, who isn’t a high-profile individual in the first place, became part of the diplomatic battle between the United States and Russia. 

This article also looks into the charges handed down by the Russian justice system to incarcerated Americans detained inside their country. It examines the situation imprisoned Americans endure inside Russian prisons and whether they’re treated well or not. 

Most Russian prisons are penal colonies, where inmates are housed in barracks instead of cells. In contrast, most U.S. prisons are correctional facilities where inmates are placed in cells.

To learn more about the different jails and prisons in America, visit LookUpInmate.org. You can get information on over 7,000 correctional institutions nationwide. 

Why Is Whelan in Prison?

Paul Whelan’s story is that of espionage and counter-espionage, a game of cat and mouse played by the former Soviet Union and the United States since the Cold War began. 

Former U.S. Marine Paul Whelan was arrested in Moscow in 2018 and sentenced to 16 years in a Russian prison for allegations of espionage. 

The Russian FSB (Federal’naya Sluzhba Bezopasnosti), a counter-intelligence service, arrested Whelen for allegedly spying for the U.S. government while he was in Moscow. 

This allegation stemmed from reports that he received a digital storage device that contained sensitive information, like a list of Russian intelligence officials. 

However, many don’t believe Russia’s allegation because Paul Whelan isn’t without fault in the United States. 

Even though he was a former marine, he was charged with larceny, which led to his demotion and eventual dismissal. Thus, believing that Whelan is a spy for the U.S. government in Russia is not so plausible. 

Paul Whelan’s Arrest

Russian authorities arrested Whelen and subjected him to the entire brunt of Russian law because of espionage charges. Whelan told journalists he was attending his friend’s wedding in the country. However, Russian authorities didn’t accept his alibi. 

Elements of Russian counter-espionage barged into Whelan’s hotel room and arrested him. The Russian authorities said Whelan was a U.S. intelligence spy and accused him of receiving a flash drive containing names of Russian border guards.

On the other hand, Whelan said in his defense that the flash drive received from a friend only contained holiday photos. 

Furthermore, Whelan reiterated that he hadn’t viewed the portable memory stick’s contents and believed the memory drive was part of a sting operation intended to arrest him because of made-up charges.  

Whelan further added that it would be illogical to use a memory stick if he were a spy in this digital age. 

During the trial, Whelan remained steadfast in his not-guilty plea, telling journalists and the court that the Russian authorities may have thought that they’d captured James Bond. Still, all they did was arrest Mr. Bean on a holiday. 

There are sparse details regarding Whelan’s closed-door trial, which U.S. diplomats commented was “unfair and opaque.” 

The trial went on and finally convicted Whelan of espionage in 2020 and sentenced to 16 years in a maximum security jail, the IK-17 penal colony in the Mordovia region, east of the Russian capital, Moscow. 

What Has Whelan’s Imprisonment Been Like?

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The IK-17 penal colony is often called “Russia’s fashion colony,” not only because of the facility’s colorful facade but because the main work given to prisoners here is assembling clothes. 

However, the work conditions inside this facility are far from humane. Prisoners work on clothes assembly but are subjected to toxic conditions, harmful airborne particles, and fungus. 

CNN’s (Cable New Network) Jennifer Hansler called Whelan for an interview. The former marine expressed his frustration over the phone with how the U.S. government handles his case. 

CNN correspondent reported that Whelan told U.S. Secretary of State Antony Blinken that leaving him behind “paints a target behind his back.” 

Footage Showed American Paul Whelan Inside Russian Prison

In August 2023, the Russian state-controlled news network RT (formerly Russian Today) released a rare video of Whelan inside the Russian penal colony. The video showed the ex-marine among other prisoners on sewing machines. 

Reports later revealed that Whelan initially declined the RT’s invitation to a video interview. However, due to pressure coming from prison officials, he reluctantly agreed. 

In the video, he declined to answer any questions from the RT reporter. The video then continues to show Whelan in black prison clothes in different areas of the penal colony where he is located. 

Paul Whelan’s twin brother David Whelan added more insight into the surrounding circumstances of his brother’s prison video. David said that Russian media forced his brother to participate in the filming of his time in the penal colony. 

Russian prison officials were not happy with Paul Whelan’s uncooperativeness. Paul Whelan’s brother attested to this as he received reports that his twin brother experienced harassment as a result of his defiance. 

David also told American journalists that he had told local Russian prosecutors to investigate his brother’s prison experience.

U.S. Ambassador to Russia Visits Paul Whelan in Jail

U.S. Ambassador to Russia Lynne Tracy visited Paul Whelan in prison on September 2023. The U.S. State department reassures Paul Whelan and his family that the U.S. government is committed to bringing him home.

Tracy also visited Wall Street Journal reporter Evan Gershkovich, an American journalist arrested by Russian intelligence for alleged espionage. 

The Biden Administration described the Whelan and Gershkovich cases as wrongful detainment. Many believe that Russia is holding on to these American prisoners in hopes of a prisoner exchange. 

Who Is Ex-Marine Paul Whelan?

Paul Whelan is a person of multiple citizenship. He is a British, Canadian, Irish, and U.S. citizen. He was born in Canada to British parents and lived in the United States. However, how Whelan got his Irish citizenship has yet to be clarified. 

Whelen joined the U.S. Marine Corps Reserves in 1994. However, after the Russians arrested Whelan in Moscow, details about the ex-marine’s service records came to light. 

During the Iraq war and the deployment of American troops in the country, U.S. military records show Whelan was court-marshaled. His charges were larceny for attempting to steal over $10,000 while serving as an administrative clerk in 2006 in Iraq. 

Whelan faced charges of using a fake Social Security number on a government computer. Furthermore, he was accused of using a fake account in the government system to grade his examinations. 

Whelan was soon demoted from staff sergeant to corporal for bad conduct and given a bad conduct discharge, which is less severe than a dishonorable discharge. 

Afterward, Paul Whelan became a police officer and, before his arrest in Moscow, a global security director for the auto supplier BorgWarner. According to Whelan’s family, he went to Russia to attend his friend’s wedding. 

Paul Whelan: A Man of Many Passports

Paul Whelan is a citizen of four countries and holds four passports. He was known as a “man of many passports,” which can become a complication for the Kremlin. 

Due to Whelan’s multiple citizenship, Russia can be on the wrong end of a diplomatic coalition to help Whelan get released from “wrongful detainment.”

British foreign secretary Jeremy Hunt warned Russia not to use Paul Whelan as a diplomatic bargaining chip. He further added that The United Kingdom doesn’t believe in using people as diplomatic leverage, which is in response to theories that Russia plans to use Whelan for prisoner exchange.

The likelihood that Whelan is indeed a spy working for Washington is further dismissed by people working for the Central Intelligence Agency (CIA). 

A veteran of the CIA’s National Clandestine Service in Russia, John Sipher, said that Whelan’s record and behavior make him an unlikely spy. 

Sipher added that Moscow is like the Yankee Stadium of espionage, which means that the best games and best players typically can be seen in that place. 

The CIA maintains top-level counter-intelligence service, and Russia is understandably laser-focused on the U.S. agency’s operations. Sipher said that the agency will only use Americans who have diplomatic immunity. 

Anyone caught without immunity ends up as “trade bait,” which Whelan seemed to be for a prisoner exchange. The CIA doesn’t want this situation and avoids it at all costs. Therefore, the CIA won’t use someone court-marshalled for theft or larceny. 

Did Biden Provide Any Updates on Whelan?

President Joe Biden explained in a televised statement that the recent prisoner swap between Russia and the United States “wasn’t a choice of which American to bring home.” 

President Biden was referring to the prisoner exchange between Women’s National Basketball Association or WNBA star Brittney Griner and the notorious Russian arms dealer Viktor Bout.

Russian authorities arrested the basketball star at Sheremetyevo International Airport in Khimki, Russia, on February 17, 2022. The basketball star’s arrest happened after airport personnel accused her of having vape cartridges containing cannabis oil, which is not allowed in the country.

Griner’s arrest came at a critical time because, after seven days, Russia invaded Ukraine. The already strained diplomatic relations between the U.S. and Russia turned volatile when President Vladimir Putin escalated the Russian attacks in Ukraine. 

The clamor for Griner’s release mounted, forcing the White House to take action. This outcry came after Russian authorities extended the WNBA star’s pretrial detention until May 19. 

Amid Griner’s arrest, another American entered the political maneuverings. Marine veteran Trevor Reed has already been imprisoned in Russia since 2019 and sentenced in 2020 for endangering the “life and health” of a Russian police officer during an altercation. 

The Russian courts sentenced Reed to nine years in prison for the charges, which the former marine’s family denies. 

In April 2022, the U.S. and Russian governments agreed to swap prisoners Reed in exchange for Konstantin Yaroshenko, a Russian citizen caught for drug smuggling in Liberia. 

The prisoner swap fueled calls to free Griner and other Americans detained in Russian prisons over charges that their families deemed wrongful. 

After months of negotiations, the U.S. government secured Griner’s release on December 8, 2022. The two governments agreed to conduct the prisoner swap, the WNBA star for the notorious arms dealer Viktor Bout.  

Why Wasn’t Whelan Included in the Prisoner Swap?

There are many speculations on the internet about why Whelan wasn’t part of any recent prison swaps between the two nations. However, digging deeper into this issue, the reason becomes more complicated. 

The U.S. government is relatively tight-lipped on its reasons for not including Whelan in prisoner swaps. 

However, while speaking in the White House Oval Office, Biden told reporters that Griner’s case differs from Whelan’s. Russia held Griner for illegitimate reasons. On the other hand, Russia treats Whelan’s case differently. 

In Russian television, Alexei Tarasov, the attorney who handled Viktor Bout’s case, revealed that the prisoner swap didn’t include Whelan because the exchange was on a one-for-one basis. 

What Has the Whelan Family Said?

David Whelan said that the U.S. government told them in advance that his brother wouldn’t be part of the prisoner swap. He said that the early warning gave the family time to prepare for the eventual public disappointment mentally. 

Paul’s brother reiterated that the family has nothing against Ms. Griner and her freedom. However, they believe that the U.S. government needs to be more assertive.

David added that if Russia is going to grab innocent Americans, the U.S. government must have a faster and more direct response. He also said he can’t see his brother retain any hope that the Biden administration will negotiate his freedom. 

It’s clear for Paul’s family that the United States has no concessions the Russians will take for Paul Whelan. If this doesn’t change, Paul will remain a prisoner on Russian soil. 

Why Was Marc Fogel in Russia?

Marc Fogel is a 61-year-old American teacher who was arrested in Russia for possession of medical marijuana, which is illegal in the country. Fogel was arrested in 2021 at the Sheremetyevo Airport carrying less than 20g of cannabis. 

The Russian government sentenced the teacher to serve 14 years in a labor camp. Unlike Griner, whom the U.S. government quickly classified as wrongfully detained, Fogel didn’t receive such reclassification. 

Fogel’s doctor verified that his patient uses medical marijuana for pain management of his spinal illness. However, the Russian justice system doesn’t allow the use of marijuana. 

Fogel’s sentencing led many to believe that the Russians were using incarcerated Americans as a bargaining chip for a prisoner exchange. However, the U.S. government has yet to provide concrete plans to get Fogel home, unlike Griner and Whelan, whom the White House gave diplomatic updates. 

Russian prisons are notorious for the intense labor they give to inmates. These camps still bear the shadows of the gulags, which were the Soviet labor camps that incarcerated people deemed unfit for Soviet society. 

U.S. jails and prisons differ from these political dungeons. However, America has the second-highest population of incarcerated individuals in the world. 

With over 7,000 correctional facilities, prisoners are relatively better off in local prisons. To get more information about the different prisons in America, visit LookUpInmate.org.  

References

  1. Russia is jailing an increasing number of private American citizens
    https://www.npr.org/2023/04/11/1169194841/russia-is-jailing-an-increasing-number-of-private-american-citizens
  2. Russia’s penal colonies are often grim, cramped facilities. Here’s what could await Brittney Griner
    https://edition.cnn.com/2022/11/09/europe/brittney-griner-russia-penal-colony-explainer-intl/index.html
  3. FACTBOX Paul Whelan, ex-U.S. Marine jailed in Russia on spying charges
    https://www.reuters.com/world/paul-whelan-ex-us-marine-jailed-russia-spying-charges-2022-12-08/
  4. American prisoners at Russia’s ‘Fashion Colony’ work in a factory assembling pants and coats for a Russian clothing company
    https://www.businessinsider.com/us-prisoners-russia-fashion-colony-factory-make-clothes-russian-company-2023-6
  5. Russian detainee Paul Whelan speaks to CNN
    https://edition.cnn.com/videos/world/2023/10/24/exp-paul-whelan-hansler-live-10247aseg2-cnn-world.cnn
  6. Paul Whelan, an American imprisoned in Russia, appears in a new video
    https://www.npr.org/2023/08/29/1196572785/paul-whelan-us-citizen-russia-prison-new-video
  7. Rare video shows American Paul Whelan inside Russian prison
    https://abcnews.go.com/Politics/rare-video-shows-american-paul-whelan-inside-russian/story?id=102648000
  8. The Latest: Marines provide details of Whelan court-martial
    https://apnews.com/article/bb81d418fcb34fd096fe62dc7668024b
  9. What to Know About Paul Whelan, the Marine Veteran Left Out of the Brittney Griner Prisoner Swap
    https://time.com/6239757/paul-whelan-still-imprisoned-brittney-griner/
  10. American Trevor Reed is back in the US after being released from Russia in prisoner swap, his mother says
    https://edition.cnn.com/2022/04/27/politics/trevor-reed-russia/index.html
  11. Timeline of Brittney Griner’s detention in Russia as US secures her release
    https://abcnews.go.com/US/timeline-brittney-griners-detention-russia-us-vows-secure/story?id=87925739

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