Background

In 2012, Swidan traveled to China to buy flooring and other supplies.^[2][3] During his trip, he was arrested in a Dongguan, Guangzhou hotel room while speaking with his family on the phone on November 14.^[4]

Swidan was accused of narcotics-related charges and trafficking drugs in China.^[4][1] A year later, he was tried in a Jiangmen intermediate people's court in Guangdong.^[5][1][6]

The verdict in the case was delayed for years.^[7]

After five and a half years, Swidan was sentenced to death.^[2][8] At the time of his sentencing, U.S. Treasury Secretary Steven Mnuchin was in China to discuss the ongoing trade war between the U.S. and China.^[8]

Prison conditions

Swidan is being held at the Jiangmen Prison. Dui Hua Foundation has called the prison a "black box".^[4] Swidan has reportedly gone on multiple hunger strikes while detained.^[9] He has repeatedly threatened suicide and attempted it multiple times.^[5][10]

In a July 2022 interview, Swidan's mother, Katherine Swidan, said she had not spoken to him since a five-minute phone call in 2018.^[2] As of November 2022, Chinese officials have denied U.S. consular officers visits for more than a year.^[6][11]

Attorney Jason Poblete said of Swidan's detention: "This man has not slept in a dark room in almost 10 years. They have not turned the lights off. He has been kept in a very small cell. He has been forced and subjected to extreme psychological pressure and pains."^[2]

Katherine Swidan has reported that her son's health is deteriorating.^[12][9] She told CBS that guards broke her son's hand five to seven times, he has dislocated his knee, and he suffers from periodontal disease.^[13] It is also reported that Swidan has lost 100 pounds while confined.^[14] His mother reports that he is forced to beg for food and to produce silk flowers while exposed to toxic chemicals.^[4] Katherine Swidan told The Guardian: "Mark is in a center that is caged with probably 25 other people. There's a hole in the ground for a toilet. They ration toilet paper. There's no hot water, even in the winter. He told me: 'Mama, I've never been so cold in my life'".^[5] In the summer, temperatures at the prison can reach 110 degrees Fahrenheit with no air conditioning.^[10]

United States

During the Obama administration, little was done to secure Swidan's release. There were no statements from the White House or remarks from the State Department.^[10] Administration officials told Newsweek that little could be done.^[10]

The U.S. government considers Swidan wrongfully detained.^[15][16] Special Presidential Envoy for Hostage Affairs Roger D. Carstens has made it a priority to secure Swidan's release.^[4] National Security Advisor Jake Sullivan has raised Swidan's wrongful detention with top Chinese diplomat Yang Jiechi as a personal priority for President Joe Biden.^[6]

U.S. Ambassador to China R. Nicholas Burns wrote to Katherine Swidan to tell her that securing her son's release is an urgent priority for the White House, the State Department and the U.S. Embassy in China,^[2] but she has said that the U.S. government is not doing enough to secure her son's release.^[17]

Senator Ted Cruz and Representative Michael Cloud will introduce a resolution to support Swidan's release.^[6] Vicente Gonzalez has also advocated for his release.^[18]

In 2022, the U.S. State Department issued a travel advisory for China, noting "arbitrary enforcement of local laws for purposes other than maintaining law and order, including the use of exit bans".^[4] The U.S. government signed an executive order aimed at sanctioning government and individuals who wrongfully detain Americans abroad.^[2]

Swidan's detention and death sentence have been condemned by the United Nations^[19] and U.S. organizations.^[17][20][21]

Professor Donald C. Clarke, an expert in Chinese law, has said that a long delay in verdict can be because of an internal controversy within the judicial system, with actors questioning the case's merits. Clarke said: "In such cases, the court doesn't want to embarrass police and prosecutors by acquitting, but it is also reluctant to convict, so it just sits on the case."^[22]

Peter William Humphrey, who was arrested in China for illegally acquiring personal data, has called Swidan's detention an instance of hostage diplomacy.^[23][9]

In 2014, Swidan shared a cell with Terry Lee, an Australian-educated Chinese businessman jailed for refusing to pay a bribe. Lee became convinced of Swidan's innocence despite pleas from the warden to spy on Swidan.^[10]

Family

Katherine Swidan has advocated for her son's release for years. She joined the Bring Our Families Home Campaign,^[24] which advocates to bring home wrongful detainees and hostages. Swidan's image is featured in a 15-foot mural in Washington, D.C., along with other Americans wrongfully detained abroad.^[25][26]

United Nations

The United Nations Working Group on Arbitrary Detention determined that Swidan's detention is wrongful. The U.N. called for his immediate release with reparations.^[4][27]

Dui Hua

The Dui Hua Foundation has advocated for Swidan's release.^[17][28] John Kamm, its chairman, has written to the Chinese government about Swidan's detention 40 times and received three or four responses.^[4]

Kamm told the Washington Examiner, "The situation is so bad that Chinese officials have admitted to me how embarrassed they are by what has happened."^[4] He added: "I have never seen such a violation of an individual's due process rights. It is appalling. In my opinion, he's been persecuted, he’s been set up.”^[5]

Dui Hua Foundation has repeatedly stated that no forensic evidence links Swidan to a drug transaction or conspiracy.^[5] Dui Hua Chairman John Kamm told Newsweek, "the only 'evidence' against him is that Swidan once visited a factory where Chinese authorities allege the meth was manufactured, and that he had been in a room rented by another person where drugs were found."^[10] Kamm added that there is "no forensic evidence—no fingerprints, no DNA, no drugs in his system. Nor has evidence been presented of his 'coordinating' role—no emails, no logs of calls, etc. I am convinced that Mr. Swidan is innocent."^[10][29]