III 

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 

MAY 4, 2023 

Reported by Mr. MENENDEZ, without amendment 

MAY 10, 2023 

Considered and agreed to 

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; 


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SRES 23 ATS 

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 


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SRES 23 ATS 

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 

1 Resolved, That the Senate— 


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SRES 23 ATS 

1 (1) demands that the Government of the Peo2 ple’s Republic of China and the Communist Party of 

3 China immediately release Mark Swidan; 

4 (2) condemns the Government of the People’s 

5 Republic of China and the Communist Party of 

6 China for refusing to provide Swidan with— 

7 (A) regular communication with his family; 

8 (B) access to United States diplomats; and 

9 (C) independent and competent medical 

10 care and evaluation; and 

11 (3) calls on the United States Government to 

12 deepen and prioritize efforts to secure the release of 

13 Swidan, including by— 

14 (A) urging Chinese counterparts at every 

15 level of engagement to release Swidan, and 

16 (B) using the voice and vote of United 

17 States diplomats in international forums to 

18 highlight Swidan’s case. 

Æ 


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