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Death sentence upheld for Texas man wrongfully detained in China

Mark Swidan was originally sentenced to death in 2018 and has been detained in China since 2012.

AUSTIN, Texas — A Chinese court has upheld the death sentence of Texas native Mark Swidan.

Swidan has been wrongfully detained in China for over 10 years after he was arrested on drug-related charges in 2012, while he was in the country on business. Despite a lack of meaningful evidence in the case, he was sentenced to death with a suspended sentence in 2018.

The United Nations has previously concluded that Swidan was detained on an arbitrary basis, in violation of federal law.

State Department spokesman Vedant Patel released a statement Thursday regarding Swidan's status, expressing grave disappointment and reassuring U.S. efforts to try and bring Swidan home. 

"Today the People’s Republic of China’s Jiangmen Intermediate Court denied wrongfully detained U.S. national Mark Swidan’s appeal, and upheld his death penalty with a two-year suspended death sentence," Patel wrote. "We are disappointed by this decision and will continue to press for his immediate release and return to the United States.  U.S. officials have repeatedly expressed their concerns to senior PRC officials about Mr. Swidan’s treatment, medical care, and his inability to send or receive mail in a timely manner."

Patel also reiterated in his statement that President Joe Biden and Secretary of State Antony Blinken are "personally focused" on bringing Swidan back to the U.S.

U.S. Sen. Ted Cruz (R-Texas) also released the following statement Thursday night regarding Swidan's status:

“The Chinese Communist Party has unjustly detained Mark Swidan for over a decade. They have subjected him to physical and psychological abuse and atrocities. Today's announcement is an escalation in this detention and abuse. It’s completely unacceptable.

“Mark Swidan was convicted and sentenced to death on false charges. The Chinese court’s decision today is outrageous. It confirms that China is engaged in hostage taking and hostage blackmail. They aspire to be part of the community of nations, but these tactics are those used exclusively by Third World despots.

“Mark’s conditions are dire. The Biden administration should use every tool available to secure Mark’s safe return to Texas. It is clear that the Chinese Communist Party is committed to continuing their blackmail until the U.S. uses appropriate leverage to secure his release.”

Cruz also said he is fully committed to securing Swidan's release.

Cruz also addressed Swidan's situation earlier this year, criticizing China for holding Swidan as a political prisoner.

In 2022, KVUE spoke with Mark Swidan's mother, Katherine Swidan, who said the last time she spoke with her son was in 2018 during a brief 5-minute phone call.

"I don't even remember what I said. I just remember hearing his voice," she told KVUE.

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