[Congressional Record Volume 169, Number 69 (Tuesday, April 25, 2023)]
[House]
[Pages H1927-H1929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
DEMANDING THAT THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE
COMMUNIST PARTY OF CHINA IMMEDIATELY RELEASE MARK SWIDAN
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the
bill (H. Res. 90) demanding that the Government of the People's
Republic of China and the Communist Party of China immediately release
Mark Swidan, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H. Res. 90
Whereas Mark Swidan is being unjustly and arbitrarily
detained by the Government of the People's Republic of China,
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 PRC court sentenced Swidan to
death, which he has appealed;
Whereas PRC security officials repeatedly attempted to
coerce Swidan into signing a confession, but Swidan refused
to sign a confession 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 PRC officials 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 the PRC 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
PRC security officials 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 PRC with
international norms, including the Universal Declaration of
Human Rights; and
(3) stressed that ``the appropriate remedy would be to
release 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 House of Representatives--
(1) demands that the Government of the People's Republic of
China and the Chinese Communist Party immediately release
Mark Swidan;
(2) condemns the Government of the People's Republic of
China and the Chinese Communist Party 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 PRC 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentlewoman from North Carolina (Ms.
Manning) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, Mark Swidan is an American, a Texan, and has been a
hostage of the Chinese Communist Party for more than a decade. We stand
together to demand his release and an end to his torture by CCP
officials.
In 2012, Mark was wrongfully detained in China for a crime he clearly
did not commit. The U.N. Working Group on Arbitrary Detention has found
that it was impossible for him to have committed any of the crimes he
is charged with. In fact, Mr. Speaker, he was not even in China at the
time the CCP says that these false crimes were committed.
Since his abduction in 2012, Mark has been grossly abused in Chinese
custody. He has been held for more than a decade in temporary detention
facilities intended for brief custody. He remains caged in a small,
crowded cell that is freezing in the winter and sweltering in the
summer. The toilet is a hole in the ground; the lights are never turned
off; and he has no regular access to sunlight, a bed, or hot water.
Chinese officials have denied him proper medical care. Guards have
broken his hands several times, and he has suffered a dislocated knee.
Mark has lost almost 100 pounds. He suffers from tooth and gum disease,
and his mouth bleeds every day. Mark has only been allowed to speak
with his family a handful of times. His ordeal has taken a terrible
toll on his physical and mental health.
Just last week, the People's Republic of China denied Mark's appeal
and upheld the death penalty with a 2-year suspended death sentence.
Threatening an American citizen with death for a crime that he could
not have possibly committed is a brazen human rights violation and a
disgusting example of CCP's hostage diplomacy.
Protecting Americans abroad is a priority mission of the State
Department, yet State has failed to secure Mark's release or hold the
CCP accountable for its gross violation of his basic human rights.
Instead, the Biden administration continues to prioritize engagement
with the PRC over all else, even the safety of American citizens.
This bipartisan resolution before us today unanimously passed the
Foreign Affairs Committee in February. It condemns the CCP for their
violation of international law and demands the immediate release of Mr.
Swidan. Furthermore, it urges the Biden administration to hold the CCP
accountable for its blatant violation of human rights and international
law.
I thank the gentleman from Texas (Mr. Cloud), my good friend, for
introducing this resolution which deserves our unanimous support.
Mr. Speaker, I reserve the balance of my time.
Ms. MANNING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of this resolution before us
today. It is
[[Page H1928]]
not just timely; it is urgently important.
Earlier this month, a court in the People's Republic of China denied
an appeal by U.S. national Mark Swidan, who has been wrongly detained
in China, and upheld his death penalty with a 2-year suspended death
sentence.
The PRC has detained Mark since his arrest for drug-related crimes in
2012, even though he was not convicted until 2019. He has been
arbitrarily detained for more than 10 years and has been denied regular
communication with his family, regular access to United States'
consular officials, and has not had access to competent medical care
and treatment.
Swidan's detention conditions have included exposure to extreme
weather conditions, sleep deprivation, and physical and psychological
abuse, leading tragically to Mark's attempting to take his own life.
This is, simply put, a travesty of justice. Mr. Speaker, no concrete
evidence has been provided to justify the charges against Mr. Swidan.
In 2020, a United Nations body confirmed what we already knew, that Mr.
Swidan has been arbitrarily detained in violation of international law,
and we call for his swift release.
Mr. Speaker, this body needs to come together today to stand up for
Mr. Swidan and make clear to Beijing that his inhumane treatment is
unacceptable.
H. Res. 90 is a bipartisan measure led by Representative Cloud that
passed out of the House Foreign Affairs Committee unanimously. It
condemns the PRC for its mistreatment of Mark and calls for his
immediate release. It also asks the Biden administration to redouble
its efforts to highlight the case of Mr. Swidan internationally and to
help secure his release through diplomacy.
Though the court has provided Mr. Swidan with a 2-year reprieve on
his death sentence, we cannot afford to wait that long to correct the
injustice he has suffered. By passing this resolution today, the House
makes clear to the People's Republic of China that it should release
Mark Swidan immediately.
Mr. Speaker, I encourage my colleagues to support this timely
resolution, and I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Cloud), the author of this bill.
Mr. CLOUD. Mr. Speaker, I thank the chairman for his support in
getting Mark Swidan back to his home and to his family. I also thank
the ranking member for her support, as well.
Mark Swidan is a native Texan from Luling who is currently being
detained in China on fabricated drug charges and faces an impending
death sentence.
Mark was arrested on November 13, 2012, while on a trip to China to
procure furnishings for his home and business. Chinese authorities
burst into his hotel room while he was on the phone with his family
and, without showing any warrant, arrested him and confiscated his
photography equipment, wallet, tablet, passport, and identity card.
They originally told him he was being held as a witness, but that
rapidly changed. Mark was accused of being involved in the
manufacturing and trafficking of drugs, leading to Chinese officials
trying to coerce him into signing a false confession.
Mark maintained his innocence and his integrity and has rejected
their attempts to this day. Nonetheless, Mark has been imprisoned in
China for over 10 years, despite the fact that no drugs were ever found
on Swidan or in his hotel room, and the prosecution did not produce any
evidence tying him to the drugs. The 11 other individuals indicted on
the same charges could not identify Mark, and records in Mark's
passport show that he was not even in China during the time of the
alleged offense.
As a result, Mark hasn't slept in the dark for over 10 years and is
exposed to extreme heat in the summer and freezing cold in the winter.
His hands have been broken a number of times. Mark faces abuse by his
captors and has been denied an independent medical examination despite
his deteriorating health in the detainment facility.
A few weeks ago, China upheld Mark Swidan's death sentence. It is my
hope that this resolution will signal to China that this death sentence
should not be enforced, and that Mark should be sent home.
Additionally, this resolution calls on the administration to use all
the tools at their disposal to secure Mark Swidan's release.
The People's Republic of China and the Chinese Communist Party have a
history of capturing innocent people and using them as political pawns.
This needs to stop. Unfortunately for them, though, Mark has defiantly
refused to be coerced as he waits on us to secure his release.
Mr. Speaker, I call on all my colleagues in Congress to support this
resolution and for our State Department to redouble their efforts and
use every means available to bring Mark Swidan home.
Ms. MANNING. Mr. Speaker, I yield myself the balance of my time for
the purpose of closing.
Mr. Speaker, the American people send us to Washington to represent
them, to advance the national interest, and most importantly, to keep
them safe. When the life and dignity of any American is challenged or
undermined, it is our duty as lawmakers to speak out and take action.
That is why it is vital that this body condemn the People's Republic
of China for its unjust and arbitrary detention and inhumane treatment
of American citizen Mark Swidan. That is why it is vital that this body
demand that Mr. Swidan be swiftly released and returned to the United
States.
Mr. Speaker, I hope my colleagues will join me and support this
important resolution, and I yield back the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time to
close.
Mr. Speaker, if we are seen as a weak nation, we will be treated as
such. Appeasement only invites aggression. The U.S. must not tolerate
these brazen acts of hostage diplomacy. I wish that Mark Swidan could
somehow hear us in this Chamber today to know that he is not forgotten.
However, I know that his tireless advocate, his mother, Katherine, is
listening; and I know that his CCP captors and abusers are listening,
too.
Our unified bipartisan message to them is simple: Free Mark Swidan
now.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Speaker, I rise in strong support of H.
Res. 90, calling for the immediate release of U.S. Citizen Mark Swidan,
whose wrongful and arbitrary detention by the Chinese Communist
authorities, without ever having had a chance at a fair trial, is
unconscionable.
Just two weeks ago, the PRC Jiangmen Intermediate Court denied Mr.
Swidan's appeal. He remains on death row, with a two-year suspended
death sentence.
Moreover, I and my colleagues are very concerned at the condition in
which Mr. Swidan is being held. He is being denied needed medical care
and is cut off from receiving mail from loved ones in a timely manner.
The United Nations Working Group on Arbitrary Detention has expressed
``grave concern'' over the severity of Mr. Swidan's sentence, and has
catalogued the step-by-step denial of justice that has accompanied Mr.
Swidan's arbitrary detention: ``it is evident that Mr. Swidan has been
unable to defend himself properly, as he has been subjected to a
detention of extraordinary length, to ill-treatment and to coercion
with the purpose of extracting a confession and as he has received
ineffective legal assistance.''
The Working Group has therefore called for the only just resolution
of this case: ``release Mr. Swidan immediately and accord him an
enforceable right to compensation and other reparations.''
We also must redouble our efforts to release of US citizens Kai Li
and David Lin, who are wrongful detainees, as well as Chinese nationals
who are imprisoned because of their connection to the United States,
such as Ekpar Asat, who was jailed because he participated in the State
Department's International Visitor's Leadership Program, and Gulshan
Abbas, who was interned because of her sister Rushan's intrepid
reporting at Radio Free Asia, and her testimony before Congress and
elsewhere.
At the end of the day these individuals are hostages held by a
hostile regime. Their freedom must be prioritized and raised in all our
State Department's interactions with PRC officials.
Please join me in supporting this resolution, and in calling for Mark
Swidan's immediate release.
[[Page H1929]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. McCaul) that the House suspend the rules and
pass the bill, H. Res. 90, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________