When Mark Swidan left the US for China in November 2012, he had no idea that he might not return. Swidan, a designer and photographer, had traveled to China for a business trip. The then 35-year-old was preparing to travel back to Houston on the evening of November 13 when police arrested him in his hotel room while on the phone with his mother, Katherine. The officials accused the American of drug trafficking, both his driver and his translator had found drugs. Both blamed Swidan, but no drugs were found on him, according to the human rights organization Dui Hua. But that didn't interest the officials, Swidan was taken to a prison in Jiangmen, where the US consulate only found him weeks later and where he is still held today.
Swidan and other defendants have to endure until November 2013 before they even sit before a court for the first time. Not only the USA assumes an unjustified verdict, but also the United Nations. The Working Group Against Arbitrary Detention, a body of independent human rights experts, condemned the treatment of the detainee. "The evidence against Mark Swidan provided in the indictment is weak and based solely on hearsay," the group said in a letter released after the verdict. No drugs were found on Swidan's premises and law enforcement did not provide forensic or telephone evidence, such as emails or phone calls. "According to his passport, Mark Swidan was not even in China when the alleged crime allegedly took place," the experts wrote in the letter. In addition, none of the eleven other defendants could have identified him.
But the Chinese judiciary does not want to bow to the pressure. Swidan's death sentence was only reconfirmed during the week, but its execution was suspended for two years. "We are disappointed with this decision and will continue to work for his immediate release," said Vedant Patel, spokesman for the US State Department, on Wednesday.
In addition to the release, the focus of US interest is also the health of the American. Swidan's mother Katherine described the conditions in prison as terror to "CNN". "He's been in his cell for over ten years, where the light is never turned off. As a result, he's going blind," the mother complained. Swidan has also broken his leg several times and prison guards have broken his hand several times. He has already lost a total of almost 60 kilos in weight.
The human rights organization Dui Hua has repeatedly criticized the inhumane conditions in prison. "He is kept from sleeping and eating, abused by the guards and has been allowed to talk to his mother on the phone for the past few years," says the organization's website. "We have expressed our concerns about treatment, medical care and lack of access to communications to the Chinese authorities on several occasions," Vedant Patel said in a statement on Wednesday. He also asserted that President Joe Biden and Secretary of State Antony Blinken were personally involved in rescuing Swidan and others around the world who were unjustly detained or taken hostage.
However, experts assume that Swidan's release is also linked to the development of American-Chinese relations. When the Americans shot a Chinese spy balloon out of the sky off the US coast in early February, Blinken canceled his visit to China, which had been planned for a few days later. A major setback for Swidan's family and the families of other US citizens detained in China. In mid-January, they appealed to Blinken to publicly campaign for the release of family members during his visit.
Another visit by Blinken to China is unlikely with growing tensions in the two countries' relations in the coming months. In the wake of the launch of the spy balloon, which China continues to claim is a stray weather balloon, the Chinese government is refusing to meet Blinken, according to a Financial Times report on Saturday. Chinese officials are concerned that the US government could release the FBI investigation report along with evidence - in the worst case during Secretary of State Blinken's visit to China. So far, however, it is completely unclear whether the report will be made available to the public at all, the report says. Then there is the conflict over Taiwan. As a result of the one-China policy, China regards the country as part of its historical territory and has recently conducted military exercises not far from the coast. However, the US regards the island nation as an independent ally and has pledged military support to the country in the event of a Chinese attack. It was only in mid-February that the United States signed a treaty with the Philippines that would allow the Americans to set up four more military bases on the island nation.
A rare moment of unity is developing in US politics. Texas-born US Senator Ted Cruz slammed the Chinese government after the death sentence was upheld on Wednesday. "Mark Swidan has been sentenced to death on false charges. Today's decision by the Chinese court is ridiculous," the Republican wrote on Twitter. This confirms that China is actively involved in the kidnapping and is using it as a means of blackmail. "China would like to be part of the world community, but these tactics are only used by third-world despots," Cruz said.
The Svidans case is also coming into focus because a similar case in Russia last year caused a stir. Upon entering the country, US basketball player Brittney Griner was arrested for possession of 0.7 grams of cannabis and sentenced to nine years in prison. After almost ten months in custody, she was exchanged for the Russian arms dealer Wiktor But at the beginning of December - shortly before US President Biden and his Chinese counterpart Xi Jinping had met in person for the first time at the G20 summit in Bali. The case also caused criticism in the USA because Paul Whelan, another US citizen, has been in custody for alleged espionage since 2018, but was not included in the exchange. (Read why the US preferred Griner to Whelan here)
Quellen: CNN, Department of State, Reuters, Dui Hua, Guardian,
