Key Takeaways
- Mark Swidan, a Houston man, was imprisoned in China for over 12 years on drug trafficking charges despite insufficient evidence.
- The UN Working Group on Arbitrary Detention found no evidence against him in 2017
- He remained on death row until his release in 2024.
- Advocacy efforts, including U.S. Senate resolutions and testimony from his mother, highlighted his harsh prison conditions.
- Diplomatic and public pressure ultimately secured his release alongside other Americans deemed “wrongfully detained,” highlighting the complexities of international legal and human rights advocacy.
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A Houston man, Mark Swidan, is finally free after spending over a decade in a Chinese prison. His release on Wednesday came after years of struggle, advocacy, and diplomatic efforts. Here’s how it unfolded.
Who is Mark Swidan?
Swidan is a businessman who was arrested in 2012 in Kunming, China where he would ultimately spend over 10 years behind bars in a Chinese prison.
Swidan is originally from Luling, but lived in Houston at the time of his imprisonment.
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The arrest in 2012
Swidan was detained by Chinese authorities during a business trip on Nov. 13, 2012.
By December, he was formally arrested, and accused of being part of a drug trafficking conspiracy involving 11 others.
Despite the charges, Swidan maintained his innocence. Over a decade later, he remained in detention, as calls for his release intensified.
The legal fight: 2013-2017
In 2017, the UN Working Group on Arbitrary Detention reviewed his case and found he couldn’t have committed the crimes, as he wasn’t in China when the offenses occurred. No drugs or evidence were found in his possession or hotel room, and no forensic evidence linked him to the crime. Despite this, China sentenced him to death in 2019. He appealed the verdict.
Years of advocacy: 2018-2024
The U.S. Senate condemned China’s denial of basic rights to Swidan, such as communication with family and medical care, and called for stronger U.S. action.
In February 2023, Sen. Ted Cruz introduced a resolution for Swiden’s release, describing Swidan’s imprisonment as a “gross miscarriage of justice” and detailing his dire conditions.
“As we speak, in prison, Mark has been kept in deplorable, abusive conditions,” Cruz said in a floor speech. “His jailers seek to break his will and break his faith. They have confiscated his Bible and his rosary. Mark’s cell exposes him to extreme heat and extreme cold. He’s deprived of sleep and subjected to physical abuse. He is in danger of high blood pressure, skin infections, and asthma. He’s lost more than 100 pounds. His health is dire.”
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Swidan’s mother, Katherine, consistently advocated for his release, even testifying before Congress in 2024 and urging the U.S. government to intervene.
She released a statement in September, saying, “Mark is not just a statistic; he is a son, a brother, and a friend whose absence has left a gaping hole in our hearts and family. We are grateful for the Congressional Resolutions passed by the House and Senate last year. I thought he would be home by now, but twelve years into this, I am concerned if I will ever see him again.”
The breakthrough: Late 2024
In late 2024, Mark Swidan was finally released, along with two other Americans, Kai Li and John Leung, who were also labeled “wrongfully detained” by the U.S. government.
House Foreign Affairs Committee Chairman Michael McCaul issued the following statement on the reported prisoner swap between the United States and China let to the release of the three prisoners.
“Kai, John, and Mark did not deserve to be imprisoned, nor did they deserve the horrific treatment they endured as prisoners of the Chinese Communist Party,” McCaul said. “I am glad they are returning home, and that their torment is over.”
After over a decade of imprisonment, Swidan is finally free.
