Treason for Aid: A Russian-American’s Arrest and Russia’s Shift Toward Hybrid Totalitarianism
2024 | Anna Dilanyan (Staff Writer)
In February 2022, Ksenia Karelina, a Russian-American dual citizen, was detained and sentenced to 12 years in prison. Her supposed crime? A $51.80 donation to Razom for Ukraine, a humanitarian aid organization based in New York. Karelina sought to aid victims of violence after Russia launched its widespread invasion of Ukraine. This harsh penalty points to a broader and more concerning trend in Russia: a move toward hybrid totalitarianism. Even the slightest apparent acts of opposition, such as Karelina’s donation, are met with severe repercussions as Russia tightens its hold on free expression. Karelina’s arrest is part of a larger campaign to incite animosity and impose terror on their citizens as a means of enforcing loyalty. This case demonstrates the increasing use of patriotic propaganda to defend these harsh policies, compelling Russia to reevaluate what qualifies as treason in modern times.
Karelina, an ex-ballerina born in Russia, moved to the U.S. in 2012 and became a citizen in 2021. While maintaining family ties in Russia, she resided in Los Angeles as a manager at Ciel Spa at the SLS Hotel in Beverly Hills. According to Forbes, Karelina was on her way to visit her grandmother in Yekaterinburg (RU) when Russian authorities took her into custody for “swearing in a public place,” where they confiscated her phone, later gaining access to her financial transactions and discovering the donation. [1] Following a permitted visit to her family, she was arrested upon returning to retrieve her phone from Russian authorities and was never released. [2] Subsequently, she was charged with treason. Though her actions were intended for benevolent aid, FSB (Federal Security Services) claims that her act amounted to supporting an enemy and indirectly aiding the Ukrainian military. [3]
According to the Criminal Code of the Russian Federation, Section X, Chapter 29, Article 275, Crimes Against the Fundamentals of the Constitutional System and State Security, [4] “High treason, that is espionage, disclosure of state secrets, or any other assistance rendered to a foreign State, a foreign organization, or their representatives in hostile activities to the detriment of the external security of the Russian Federation, committed by a citizen of the Russian Federation, shall be punished by deprivation of liberty for a term of 12 to 20 years.” Hence, Karelina was arrested in the Ural Mountains city of Yekaterinburg and transferred to Lefortovo Prison in Moscow for supposedly supporting the Ukrainian army. [5] Amnesty International and Human Rights Watch actively document issues with Russian prisons, which are known for their harsh limitations, lack of support for prisoners’ psychological well-being and recovery, abuse by prison authorities, and neglect of prisoner’s medical needs. As of 2024, Ksenia has served in Lefortovo Prison for over a year. According to the Russian authorities, strict measures, such as Karelina’s 12-year prison term, are required to contain the situation and prevent Russia’s reputation in the conflict from deteriorating. Despite the good intentions behind Karelina’s actions, the administration presented it as a component of a larger plot to destabilize the regime. This kind of control is evident in modern Russia, where even minor acts of charity work can lead to serious implications. Karelina’s sentence serves as a clear reminder of how the Russian government is increasingly using the legal system as a weapon of repression, especially against those who challenge or disagree with its policies.
The war against Ukraine has resulted in an unprecedented wave of violence against both activists and civilians. The premise that any form of support for Ukraine, whether humanitarian or not, is an assault on Russian national security serves as the foundation of the government's position in these prosecutions. This justification serves as a foundation for many legal proceedings, including the case of Ksenia Karelina. Like most potentially controversial cases in Russia, Karelina’s trial was handled behind closed doors, preventing external observers like U.S. Consul General Stuart Wilson. This stipulation makes evident the Russian government’s determination to avoid foreign scrutiny.
Ksenia’s case is of global importance, especially when learning about different governments and how they easily turn security regulations into tools of tyranny. Showing how centralized governments use jail systems as a weapon against civilians, this also points out the need for defending democratic liberties. When we compare what constitutes treason in Russia vs the United States, Russia’s definition of treason is very broad, containing actions that challenge the state’s political positions, including humanitarian aid for Ukraine. On the other hand, the U.S. Constitution sets precise boundaries for what is considered treason in America, clearly stating that “levying war” and “adhering to [the] enemies [of the United States], giving them aid and comfort” is what constitutes treason. Article III, Section III, clause 1 of the Constitution also includes that “No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” [6] Unlike Russian law, one cannot be convicted on accusation or evidence alone unless there are two witnesses, which ensures the protection of individuals and the prevention of government overreach. According to the Human Rights Watch, war censorship laws have been rapidly adopted after Russia’s invasion of Ukraine. The censorship laws prohibit spreading information or one’s views about the actions of the Russian military that differ from official information. Punishment includes confiscation of property, extended incarceration, and nullifying the citizenship status of the defendants. Notably, over 480 people have faced criminal prosecution for violating war censorship regulations. [7] It’s also important to recognize that in 2023, Russian courts received 101 cases involving espionage, treason, and confidential cooperation from law enforcement, which is fivefold compared to 2022 statistics. [8] With the oppression and compromise of civil liberties, the basic rights of citizens have been sabotaged in Russia, indicating a shift toward a hybrid regime.
Given that Ksenia’s donation was made on February 22nd, 2022 while she was living in Los Angeles, far from Russian jurisdiction, this accusation of high treason raises many concerns and seems excessive. Although, it’s not surprising, considering the tense U.S.-Russia relations, that Russia detains American citizens to gain leverage in political and diplomatic negotiations with the use of hostage diplomacy. Hostage diplomacy was also used against individuals like Paul Whelan, [9] a U.S. Marine Veteran, and Evan Gershkovick, [10] a Wall Street Journal reporter, both of whom were charged with espionage. Other cases include Robert Woodland Romanov, [11] an English teacher arrested on drug charges, and Trevor Reed, [12] a former Marine arrested for assaulting a police officer. These instances show how Moscow uses U.S. prisoners as leverage over Washington to get concessions like prisoner swaps and sanctions relief, reflecting the extent to which Russia is prepared to go in its geopolitical maneuvers.
While Moscow may leverage these detentions for political gain, Karelina’s legal counsel argues that her actions lacked malicious intent. [13] Mikhail Mushailov, Karelina’s defense attorney, countered that the donation had no political or military connotations. “She admitted guilt in terms of transferring funds but did not admit her intent aimed at transferring funds to those organizations where they most likely arrived,” Mikhail explained, “She did not assume that the funds she transferred would be used for anti-Russian actions.” [14] Razom for Ukraine prioritizes helping conflict victims instead of providing military equipment or weapons. [15] Moreover, the defense pointed out that the $51.80 in question scarcely justified a charge of treason, a felony usually reserved for acts that directly jeopardize the security of the state. [16]
Despite the different narrative presented, Karelina initially faced life imprisonment under Judge Andrei Mineev, the same judge who had previously sentenced Wall Street Journal reporter Evan Gershkovich, however, the court ultimately imposed a punishment of 12 years. Following the judgment, Karelina’s attorney stated that she hopes to be included in a future prisoner swap with the U.S. According to State Department spokesman Matthew Miller, attempts were made by the American Embassy in Moscow to get in touch with Ksenia Karelina back in June of 2024. Thus, there’s still a chance for Karelina’s sentence to be reduced due to persistent diplomatic negotiations. If enough human rights organizations such as Amnesty International and Greenpeace put pressure on the situation, she may be offered an early deportation and a lighter sentence.
While the conviction in Karelina’s case provides an opportunity for sentence reduction, it has far-reaching ramifications beyond her position. By labeling humanitarian aid to Ukraine as a treasonous act, even by dual nationalities, the Russian government continues to impose harsh constraints on humanitarian efforts. It moves toward a hybrid regime with a decline in civil liberties. Finally, Ksenia Karelina’s conviction not only has a significant impact on Russia’s judicial system but also sets a troubling precedent for the future of humanitarian aid, addressing the risk associated with the growth of an authoritarian government.
Sources
Ty Roush, "Ksenia Karelina: US-Russian Gets 12-Year Treason Sentence in Russia for $50 Donation," Forbes, August 16, 2024.
Laura King, “Russian Ballerina Sentenced to 12 Years in Prison,” Los Angeles Times, August 15, 2024.
The Criminal Code of the Russian Federation, No. 63-FZ of June 13, 1996.
“U.S.-Russian Dual National Ksenia Khavana Sentenced to 12 Years on Treason Conviction,” KTLA News.
Olga Romanova, interview by Mike Eckel, "Russia's Harsh Prison System Is 'A Bottomless Reservoir of Mercenaries,' Says Rights Advocate," Radio Free Europe/Radio Liberty, September 26, 2023.
U.S. Congress, “Article III, Section 3: Treason,” Constitution annotated.
Human Rights Watch. “Russia: Repressive Laws Used to Crush Civic Freedoms.” August 7, 2024.
ReRussia, “Mechanism of Organised Espionage: In 2023, The FSB Accused More Than 100 People of Treason”.
Megan M. Dorsey, “Evan Gershkovich, Paul Whelan, and Alsu Kurmasheva Are Back in the United States,” Center for Strategic and International Studies, 2023.
"Evan Gershkovich's Jail Sentence Extended by a Russian Court," NPR, March 26, 2024
"Russia Jails U.S. Citizen Robert Woodland for 12 Years in Drug Trafficking Case," Reuters, July 4, 2024.
Benoit Morenne, “American Trevor Reed Found Guilty of Assaulting Police in Russian Court,” Wall Street Journal, July 2023.
Nina Agrawal, “Ballerina Sentenced to 12 Years in Russian Prison,” Los Angeles Times, August 15, 2024.
Ibid.
“U.S.-Russian Dual National Ksenia Khavana Sentenced to 12 Years on Treason Conviction,” KTLA News.
Ibid.