Texas businessman in slave labor in China’s ‘black box’ jail system for past nine years

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Jiangmen Detention Center in China where American Mark Swidan has been detained since 2012.

A U.S. businessman from Houston is languishing in a Chinese prison and facing execution on dubious charges even as the Biden administration boycotts the Beijing Olympics for humanitarian reasons.

Mark Swidan, 46, was sentenced to death nearly three years ago after a trial under grave due process violations that prompted the United Nations Human Rights Council to call for an immediate release with reparations.

His mother said on social media that Swidan has lost 100 pounds, is forced to beg for food on his hands and knees, and works with toxic chemicals for 14 hours a day making silk flowers for U.S. retail chains.

“They operate under their own set of rules — it’s a black box,” said John Kamm, chairman of Dui Hua, a human rights organization that aids people wrongfully imprisoned in China. “I have formally asked [the Chinese government] about Mark on 40 occasions; I’ve received written responses three or four times.”

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Texas Sens. John Cornyn and Ted Cruz and Rep. Vicente Gonzalez did not respond to requests for comment about Swidan’s case and what they would do to help win his release. The State Department also refused to comment on efforts to free Swidan.

Mark Swidan.jpg
Mark Swidan

None of this is surprising to former Chinese prisoner Peter Humphrey, a British journalist who once worked for Reuters. He said that in his experience, Western governments put little effort into rescuing citizens falsely arrested in hostile foreign countries.

“They prefer not to rock the boat and tell the families not to go to the media,” he said. “That is completely wrong advice. Our governments say that so they don’t get dragged into more work. China is not a democracy under the rule of law. Governments should intervene noisily in these cases and look for some leverage against this crypto hostage-taking.”

Swidan was arrested in 2012 when he visited China to obtain building materials for his architectural business. Police burst into Swidan’s room while he was on the phone with his family and detained him as a witness in a narcotics case. He was later charged with being part of an 11-member international drug ring, according to the U.N.

The case was built on sketchy circumstantial evidence, including that he visited a warehouse formerly used by drug dealers and was staying in a room once inhabited by a suspect. Swidan was not in the country when the drugs were produced, his supporters say.

Kamm believes Swidan is innocent based on what he has learned about the case dating back eight years.

“He has steadfastly refused to admit guilt even when had he done so, he could have benefited from a lesser sentence,” Kamm said. “The situation is so bad that Chinese officials have admitted to me how embarrassed they are by what has happened.”

But none of that matters in the Chinese judicial system, Humphrey said, as it doesn’t bow to foreign pressure.

Humphrey was imprisoned along with his wife from 2013 to 2015 on charges of illegally acquiring personal data of Chinese citizens. He now dedicates his life to helping others in the same predicament and has worked on Swidan’s case.

“China has millions of detainees, and there is not a single person who has undergone a fair and transparent trial,” Humphrey said. “He was probably framed as a scapegoat by local officials.”

In his experience lobbying for inmates, Humphrey found lawmakers are hesitant to get involved if the charges are drugs or sex crimes, even if they’re false, because they don’t want to be seen as helping someone with a toxic accusation.

While other countries bow to pressure from the United States or other Western nations, Humphrey said China doesn’t care and would easily incarcerate Americans for the rest of their lives.

The State Department will not disclose how many Americans are currently detained or imprisoned in China, but Dui Hua puts the number at about 200.

Last month, the U.S. issued a travel advisory to China, warning Americans to use extreme caution due to “arbitrary enforcement of local laws for purposes other than maintaining law and order, including the use of exit bans.”

But some good news could be on the horizon.

Both Kamm and Humphrey say they have learned that high-ranking State Department official Roger Carstens has made Swidan’s case a priority, along with those of two other Americans. Carstens was appointed as the special envoy on Hostage Affairs during the Trump administration.

“I do believe the present administration is looking more closely at China than the previous administration,” Humphrey said. He added that families of prisoners were in an online meeting in December with Carstens and national security adviser Jake Sullivan.

Katherine Swidan said at one point, she met with Carstens for four hours and gave him a drawing made by her son in prison, which now hangs in Carstens’s office.

The artwork was likely passed on by the U.S. Consulate during monthly meetings, which are mandated by the U.N. No meetings have occurred since November, leading Swidan’s mother to imagine a dire scenario.

“I fear he is dying, and no one is calling on his condition,” she told the Washington Examiner. “I stay up all night hoping for word about Mark or, God forbid, a knock on the door telling me he is dead. There seems to be no sense of urgency.”

However, a State Department spokesperson said there is no indication Swidan’s health has recently changed for the worse.

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“We are monitoring his welfare closely,” the spokesperson said. “We consistently advocate for fair treatment from the Chinese authorities. Outgoing mail flow, which stopped for over a year, has resumed, and Mark was recently able to send two letters.”

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