Cruz, Cloud lambast Chinese decision to reinforce Swidan death sentence

Texas Sen. Ted Cruz called a Chinese court’s decision to reinforce a death sentence for Luling native Mark Swidan “completely unacceptable” and vowed, as a member of the Senate Foreign Relations Committee, to work to secure his release from a Chinese prison.

Meannwhile, U.S. Rep. Michael Cloud, R-Victoria, condemned the Chinese Communist Party for its hardline stance against Swidan, one of his own constituents.

Swidan has been imprisoned since 2012 when, while Swidan was preparing to leave China after a trip procuring furnishings for his home and business, Chinese police entered his hotel room and arrested him on suspicion of being part of a criminal drug organization. Swidan’s attorneys as well as his supporters, including Cruz and Cloud, have called the charges bogus and without merit.

“The Chinese Communist Party has unjustly detained Mark Swidan for over a decade,” Cruz said. “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.”

Cruz called Swidan’s conditions “dire” and said 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 added.

“This decision by the People’s Republic of China is egregious and should be roundly condemned,” Cloud added. “Mark Swidan has been wrongfully detained for 10 years subjecting him and his family to outrageous human rights abuses. It has to end.

“Bringing Mark home to his family should be a top priority for this Administration. I have called on the Administration to use all tools at their disposal to secure his release and will continue to push for legislative action in Congress. It is my hope that in light of this decision, the State Department will take swift steps to expedite Mark’s case and secure his immediate release.”

In February, Cruz and Cloud introduced a joint resolution supporting Swidan’s release. Swidan was tried in November 2013 by the Jiangmen Intermediate People’s Court with 10 other defendants. After 21 delays approved by the Guangdong High Court and the Supreme People’s Court, the court found Swidan guilty and sentenced him to death with a two-year reprieve in 2019.

No drugs were ever recovered from Mark Swidan or his hotel room, nor did the Chinese prosecution ever produce any forensic evidence such as text messages or emails implicating him. Also, records in Swidan’s passport indicate he was not in China during the time of the offense, and the other individuals indicted related to the conspiracy could not identify Swidan.

Swidan is being held in inhumane conditions in a detainment facility intended to hold individuals for up to 48 hours. As a result, he has not slept in the dark in over 10 years and has been subjected to extreme heat in the summer months and freezing cold in the winter. Mark also endures physical abuse by his captors and is denied medical assistance.

Swidan’s conviction relied on evidence that he once visited a factory that police found had once been used to manufacture drugs, according to the Dui Hua Foundation, a nonprofit that focuses on gaining clemency and better treatment for detainees.

The Dui Hua Foundation report said that Swidan has lost more than 100 pounds since being detained.

The U.N. review also highlighted Swidan’s deteriorating health and the bleak conditions he has been detained in, adding that he has been subjected to “severe psychological torture for the purpose of extracting a confession.”

The Texas Tribune contributed to this report.