[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 23 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
S. RES. 23

Demanding that the Government of the People's Republic of China and the 
       Communist Party of China immediately release Mark Swidan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2023

     Mr. Cruz (for himself and Mr. Cornyn) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
Demanding that the Government of the People's Republic of China and the 
       Communist Party of China immediately release Mark Swidan.

Whereas Mark Swidan is being unjustly and arbitrarily detained by the Government 
        of the People's Republic of China and the Communist Party of China 
        (CPC), according to the United States Government and the United Nations 
        Human Rights Council (UNHRC) Working Group on Arbitrary Detention;
Whereas Mark Swidan is a United States citizen from Luling, Texas, and is a 
        resident of Houston, Texas;
Whereas, on November 13, 2012, Mark Swidan was abducted by officers of the 
        Public Security Bureau while on a business trip to the People's Republic 
        of China, and on December 21, 2012, Swidan was formally arrested 
        following an indictment issued by the Public Prosecutions Office of the 
        People's Procuratorate of Jiangmen City alleging that Swidan was part of 
        a criminal conspiracy with 11 other individuals to manufacture and 
        traffic drugs;
Whereas, on April 30, 2019, a Chinese court sentenced Swidan to death, which he 
        has appealed;
Whereas security officials in the People's Republic of China repeatedly 
        attempted to coerce Swidan into signing a confession, but Swidan refused 
        to sign a confession and pleaded not guilty;
Whereas, according to evidence evaluated by the UNHRC Working Group on Arbitrary 
        Detention--

    (1) no drugs were found on Swidan or in his hotel room;

    (2) the prosecution did not produce any forensic evidence of the 
alleged offenses;

    (3) records in Swidan's passport indicate he was not in the People's 
Republic of China during the time of the offenses; and

    (4) the 11 other individuals indicted in relation to the alleged 
conspiracy could not identify Swidan;

Whereas officials of the People's Republic of China and the CPC have maliciously 
        and systematically denied Swidan's mother Katherine Swidan, a resident 
        of Texas, and other members of his family the ability to contact him;
Whereas officials of the People's Republic of China and the CPC have denied and 
        continue to deny United States diplomats full consular access to Swidan, 
        in violation of international norms;
Whereas Swidan's detention has been and continues to be inhumane, and includes 
        exposure to extreme weather conditions, sleep deprivation, and physical 
        and psychological abuse;
Whereas Swidan's health has precipitously deteriorated and security officials in 
        the People's Republic of China continue to deny independent or competent 
        medical care and evaluation to Swidan;
Whereas humanitarian organizations of the United States, including the Dui Hua 
        Foundation, which helped put this case before the Working Group, and the 
        Global Liberty Alliance, which has asked the Sister Cities programs to 
        sever relationships with Jiangmen until Swidan is released, have sought 
        to highlight the injustice and conditions of Swidan's detention;
Whereas the UNHRC Working Group on Arbitrary Detention--

    (1) found that Swidan is being held in violation of customary 
international law;

    (2) emphasized the nonconformity by the People's Republic of China with 
international norms, including the Universal Declaration of Human Rights; 
and

    (3) stressed that ``the appropriate remedy would be to release Mr. 
Swidan immediately and accord him an enforceable right to compensation and 
other reparations, in accordance with international law'': Now, therefore, 
be it

    Resolved, That the Senate--
            (1) demands that the Government of the People's Republic of 
        China and the Communist Party of China immediately release Mark 
        Swidan;
            (2) condemns the Government of the People's Republic of 
        China and the Communist Party of China for refusing to provide 
        Swidan with--
                    (A) regular communication with his family;
                    (B) access to United States diplomats; and
                    (C) independent and competent medical care and 
                evaluation; and
            (3) calls on the United States Government to deepen and 
        prioritize efforts to secure the release of Swidan, including 
        by--
                    (A) urging Chinese counterparts at every level of 
                engagement to release Swidan, and
                    (B) using the voice and vote of United States 
                diplomats in international forums to highlight Swidan's 
                case.
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