'Mockery of justice' - British-American man sentenced to 16 years in Russian prison for spying

Paul Whelan, right, stands in a Moscow courtroom
Paul Whelan, right, stands in a Moscow courtroom

A Russian court has sentenced a British-American citizen to 16 years in prison, raising speculation of a potential prisoner swap between Russia and the United States.

Russian courts have convicted several foreign nationals of spying in recent years but the case of Paul Whelan is the first for a British or an American citizen in a long time, putting a further stain on ties between Russia and those countries.

The US reacted with fury yesterday, with Secretary of State Mike Pompeo demanding his immediate release.

Judge Andrei Suvorov on Monday convicted the 50-year old Whelan of spying and sentenced him to 16 years in a high-security prison, a year and a half after the former US Marine was detained in an upscale Moscow hotel.

Prosecutors claimed during the trial which was held behind closed doors that Mr Whelan was caught red-handed with documents containing state secrets. He pleaded not guilty to the charges.

“This is all a political theatre,” Mr Whelan, a bespectacled man dressed in a grey jumper, said from the defendant’s glass cage upon hearing the sentence, adding that he did not understand what was being said in the room since he was not provided with translation.

“We had hoped that the court might show some independence but, in the end, Russian judges are political, not legal, entities,” David Whelan, Mr Whelan’s brother, said in an emailed statement after the verdict, adding that his family only counts on direct negotiations between Russia and the United States to secure his release.

John Sullivan, U.S. Ambassador to Russia, described Monday’s verdict as a “mockery of justice.”

“If it can happen to Paul, it can happen to anyone,” Mr Sullivan said outside the court on Monday.

The ordeal for Mr Whelan who holds British, American, Irish and Canadian passports began in December 2018 when he was visiting Russia for a wedding.

Russian investigators do not reveal the details of the indictment, citing secrecy, but Mr Whelan’s attorney claims that his client has been framed after he was given a flash drive with documents containing state secrets right before he was arrested in an upscale hotel in central Moscow.

Mr Whelan, who has been visiting Russia frequently for several years, has insisted that an acquaintance who later turned out to be an intelligence agent gave him a USB stick, saying that there were pictures of his recent holiday.

Almost immediately after Mr Whelan’s arrest speculation was raised that he could be exchanged for a Russian woman held in the United States and charged with acting as an unregistered foreign agent. But she was deported back to Russia last year.

Mr Whelan’s attorney Vladimir Zherebenkov confirmed on Monday that he has been approached about a potential prison swap but said he was not at liberty to disclose “certain details.”

Mr Zherebenkov said that Mr Whelan is not opposed to the idea of formally asking for presidential pardon, which could pave the way for the exchange.

There are several high-profile Russian prisoners in the U.S. that Moscow has wanted to get back for years including Viktor Bout, the notorious Russian arms dealer convicted for 25 years in a U.S. prison.

Mr Zherebenkov said on Monday that his client was told by a Russian intelligence officer upon arrest in 2018 that he would be swapped for Mr Bout.

Secretary of State Pompeo said: "The United States is outraged by the decision of a Russian court today to convict U.S. citizen Paul Whelan after a secret trial, with secret evidence, and without appropriate allowances for defense witnesses. We have serious concerns that Mr. Whelan was deprived of the fair trial guarantees that Russia is required to provide him in accordance with its international human rights obligations.

"The treatment of Paul Whelan at the hands of Russian authorities has been appalling. Russia failed to provide Mr. Whelan with a fair hearing before an independent and impartial tribunal; and during his detention has put his life at risk by ignoring his long-standing medical condition; and unconscionably kept him isolated from family and friends.

"We demand Paul Whelan’s immediate release."