But as longtime scholar of Russian law, I can say the sentence announced in the Khimki District Court outside Moscow on Aug. 4, 2022, is more or less in line with what was expected. Moreover, I believe the sentence itself does little to change the equation when it comes to any quid pro quo with Russia regarding the potential exchange of detained nationals – any negotiation over her fate will now take place outside the courtroom.
The facts of the case
Griner was
detained at Sheremetyevo Airport on Feb. 17, 2022, after a sniffer dog detected vaping cartridges containing hashish oil in her luggage. The Russian
Criminal procedure code provided that Griner, as a foreigner with no permanent residence in Russia, was ineligible for bail.
The length of time Griner spent in detention after her arrest – nearly six months – is not unusual in drug cases of this nature in Russia and will be counted toward her sentence. And aside from the heightened international interest, the trial seemingly played out in line with
Russian criminal procedure.
Under the Russian criminal procedure code, there are no “pleas”; prosecutors have to prove guilt regardless of any confession. And the evidence was there in the shape of the vape cartridges seized by customs officials along with witness statements.
In court,
Griner acknowledged guilt and apologized for what she described as a mistake when packing her luggage. Her lawyers said that Griner’s
cannabis oil was for medical purposes, to deal with chronic pain resulting from injuries sustained during her playing career. Griner, meanwhile, testified that she had no intention to break the law.
But in line with other jurisdictions, including the U.S., ignorance of the laws is no defense in Russia.