Christchurch woman fights to free uncle from Russian prison
Marc Fogel brought medicinal marijuana into Russia as he returned to work – now he’s serving a 14 year sentence.
One of the last happy memories Natalie Hyland-Brook has of her uncle, Marc Fogel, was two years ago.
In December 2020 HylandBrook flew to Pennsylvania to be with her family for Christmas. Fogel held Hyland-Brook’s threemonth-old daughter in his arms for the first time.
A year later, Fogel would be sitting in a crowded cell in a Russian prison, awaiting trial.
The 60-year-old was arrested at Moscow Airport in August 2021 for having 17g of medicinal marijuana on him.
Now, from Christchurch, Hyland-Brook and her US-based family are fighting for Fogel to be declared as wrongfully detained in an attempt to have him included in a potential prisoner swap between Russia and the US government.
They would like to see similar official attention paid to Fogel’s plight, as has been given to WNBA basketballer Brittney Griner, who was arrested after being found with cannabis vape oil cartridges in February.
Hyland-Brook said she would never have come to New Zealand if having not been inspired by Fogel.
After leaving the US in the 1990s, Fogel and wife Jane travelled the world while working as teachers. They had taught at a prestigious international school in Moscow since 2012.
Described as a passionate, happy-go-lucky person, Fogel always took the opportunity to spoil Hyland-Brook and her siblings with gifts when he came home to America. The teacher was ‘‘magnetic,’’ and had a way of making people feel special, Hyland-Brook said.
‘‘He inspired a lot of people and a lot of students. He’s someone you want to be around. When you know such a formidable person, it’s an influence on you.’’
Fogel suffered heavily from chronic pain, undergoing multiple back, hip and shoulder surgeries.
He was prescribed medicinal marijuana by his doctor in Pennsylvania.
Hyland-Brook said her uncle and aunt flew back to Russia in 2021 for their final year of teaching. In order for Fogel to get his pension and bonus, he needed to teach at the school for 10 years.
Tensions were high between the US and Russia, and the US Embassy in Moscow had fallen apart. Despite this, Fogel and Jane had no idea of what waited for them in Russia, their home of almost a decade.
‘‘The writing was on the walls. But we had no idea.’’
Fogel never made it out of the airport. He was found with cannabis oil and two buds of medicinal marijuana in his luggage at Moscow Airport, and was arrested.
Marijuana is illegal in Russia for both recreational and medicinal use, with users facing a decade of imprisonment if found with the substance. Fogel was sentenced to 14 years imprisonment in a labour camp.
Hyland-Brook said it was like a nuclear bomb had dropped on her family.
‘‘It seems unreal... Knowing someone you love is suffering immensely, and there is nothing you can do but plead with your government is the most helpless, most anxiety inducing thing.’’
Hyland-Brook and her family haven’t been able to speak to Fogel in more than a year. They can communicate only through monitored letters sent to the prison, which are translated into Russian, then back to English by a prisoner Fogel is friends with.
When the family receives letters back, they were sometimes in Russian, HylandBrook said.
Hyland-Brook acknowledges her uncle made a mistake by attempting to bring his pain medication into Russia.
However, serving a lengthy sentence at his age, Fogel would be paying for a moment of indiscretion with his life.
Prisons in Russia were harrowing places where abuse, torture, and even sexual assault ran rampant.
Hyland-Brook and her family are asking the US State Department to have Fogel listed as wrongfully detained.
This would allow him to possibly be included in a potential diplomatic prisoner swap organised to free WNBA athlete Britney Griner and expolice officer Paul Whelan.
While President Biden has met with Griner and Whelan’s families, he has not met with Hyland-Brook’s.
Hyland-Brook would like the US government to work the same way for Fogel as it has for Griner and Whelan.
‘‘I think teachers are at least as valuable as basketball players.’’
The family started a petition on change.org which had gained 14,761 signatures so far.
A US Mission spokesperson said it continued to urge the Russian government to allow consistent, timely consular access to all US citizen detainees in Russia.
This would be in line with its legal obligations, and allow the mission to provide consular services for US citizens detained there.
The US Department of State regularly reviewed cases of all US nationals detained abroad to determine if the detention is wrongful.
‘‘We also continue to press for fair and transparent treatment for all US citizen detainees in Russia.’’
An unnamed member of the Embassy of the Russian Federation said the idea of a prisoner swap was ‘‘curious’’.
‘‘Maybe competent authorities will take due consideration of it.’’
‘It seems unreal... Knowing someone you love is suffering immensely, and there is nothing you can do but plead with your government is the most helpless, most anxiety inducing thing.’ NATALIE HYLAND-BROOK