April 28, 2023

The Honorable Antony J. Blinken

Secretary
U.S. Department of State
2201 C Street Northwest
Washington, D.C. 20520

Dear Secretary Blinken,

We write to you with extreme concern about a court decision to uphold the death sentence for
Mark Swidan, an American citizen who has been arbitrarily detained in the People’s Republic of
China (PRC) for more than a decade. Mr. Swidan faces the real possibility of death despite the
fact that he was not physically in the PRC during the time of the alleged crime. Given the high
profile return of Brittney Griner and the great lengths you and your team have made to bring her
home, we ask that Mark Swidan’s safe return home be your highest priority in all engagements
with the PRC.

Mark Swidan was arrested on November 13, 2012 in his hotel room while visiting the PRC.
Authorities falsely accused Swidan of being a member of an international criminal drug
organization. Swidan maintained his innocence, refused to sign an admission of guilt, and pled
not guilty to all of the fabricated charges. No drugs were ever found on Swidan, and none of the
11 other individuals that were arrested as part of the same criminal conspiracy could identify
Swidan. According to his passport, Swidan was not even in the PRC during the time of the
alleged offense.

Swidan was tried in 2013, and despite the weak evidence against him, the PRC’s unjust legal
system sentenced him to death in 2019. In April 2023, the PRC denied his appeal. Swidan’s
continued detainment, death sentence, and rejection of his appeal is a miscarriage of justice that
not only denies him of basic due process and a fair trial, but falsely condemns him to death.

Mark Swidan’s situation is made even more dire given the physical and psychological torture he
is enduring at the Jiangmen municipal detention center. Swidan is currently being held in a
detention facility that is intended to hold individuals for up to 48 hours. His mother says he is
going blind, has fractures in his leg, and has broken his hands five to seven times.

The United Nations Working Group on Arbitrary Detention (UNWGAD) concluded that Swidan
has been detained in violation of international law.1 According to their opinion, published in
February 2020, Swidan’s health has greatly deteriorated as a result of the abuse and poor
conditions. Their opinion states:

1
U.N. WGAD, 86 Sess., U.N. Doc A/HRC/WGAD/2019/72, available from undocs.org
“The source also submits that Mr. Swidan has been badly mistreated while in detention, exposed
to poor sanitary conditions and denied medical treatment. Moreover, he has been subjected to
low temperatures in winter and to excessive heat in summer. He has high blood pressure, a skin
infection, asthma, his gums have receded and he has lost a significant amount of weight.”2

Given the dire circumstances of Mark Swidan’s detainment and the impending execution of his
death sentence, we urge that you secure Mr. Swidan’s release immediately. We ask that you
provide us with an immediate update on Mark Swidan’s situation and condition, as well as
specific actions you plan to take to bring Mark Swidan home.

God Bless,

Michael Cloud Michael T. McCaul

Member of Congress Chairman

Ryan Zinke Joe Wilson

Member of Congress Member of Congress

Michael V. Lawler Daniel Webster

Member of Congress Member of Congress

Randy K. Weber Sylvia R. Garcia

Member of Congress Member of Congress

2
U.N. WGAD, 86 Sess., U.N. Doc A/HRC/WGAD/2019/72, available from undocs.org
Veronica Escobar Robert J. Wittman
Member of Congress Member of Congress

Andy Biggs André Carson

Member of Congress Member of Congress

Mark E. Amodei Pat Fallon

Member of Congress Member of Congress

Kay Granger George Santos

Member of Congress Member of Congress

Vicente Gonzalez Dan Crenshaw

Member of Congress Member of Congress

Josh Brecheen Colin Allred

Member of Congress Member of Congress

Kat Cammack Brian Babin, D.D.S

Member of Congress Member of Congress
Beth Van Duyne Kelly Armstrong
Member of Congress Member of Congress

Aumua Amata C. Radewagen Trent Kelly

Member of Congress Member of Congress

Donald M. Payne Jr. Lori Chavez-DeRemer

Member of Congress Member of Congress

Nancy Mace Guy Reschenthaler

Member of Congress Member of Congress

Michael Guest Brian Fitzpatrick

Member of Congress Member of Congress

Rich McCormick, MD, MBA Ronny L. Jackson

Member of Congress Member of Congress

Pete Sessions Keith Self

Member of Congress Member of Congress
Richard Hudson August Pfluger
Member of Congress Member of Congress

Doug Lamborn Brandon Williams

Member of Congress Member of Congress

Jake LaTurner Mike Ezell

Member of Congress Member of Congress

Al Green French Hill

Member of Congress Member of Congress

Roger Williams Austin Scott

Member of Congress Member of Congress

Marc Veasey Jim Baird

Member of Congress Member of Congress

Lizzie Fletcher James P. McGovern

Member of Congress Member of Congress

Mike Gallagher Jay Obernolte

Member of Congress Member of Congress