[Congressional Record Volume 169, Number 21 (Wednesday, February 1, 2023)]
[Senate]
[Page S210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 23--DEMANDING THAT THE GOVERNMENT OF THE PEOPLE'S 
REPUBLIC OF CHINA AND THE COMMUNIST PARTY OF CHINA IMMEDIATELY RELEASE 
                              MARK SWIDAN

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

                               S. Res. 23

       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 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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