China upholds death sentence for wrongly detained American Mark Swidan

China upheld the death sentence of American businessman Mark Swidan on Thursday, April 13. Swidan was arrested on drug-related charges back in 2012. He has been detained in China ever since, despite a United Nations working group concluding in 2020 that Swidan had been arbitrarily detained in violation of international law.

“In its 28-year history, the working group has found China in violation of its international human rights obligations in about 90 cases,” the group wrote in its conclusion. “The working group is concerned that this indicates a systemic problem with arbitrary detention in China, which amounts to a serious violation of international law.”

Swidan was convicted of manufacturing and trafficking drugs in 2019. The American received the death penalty from China with a two-year reprieve, meaning his sentence could be commuted to life in prison in two years.

“We are disappointed by this decision and will continue to press for his immediate release and return to the United States,” State Department Principal Deputy spokesperson Vedant Patel said in a statement responding to the ruling. “U.S. officials have repeatedly expressed their concerns to senior PRC officials about Mr. Swidan’s treatment, medical care, and his inability to send or receive mail in a timely manner. President Biden and Secretary Blinken continue to remain personally focused on the release of Mark Swidan and other U.S. nationals wrongfully detained or held hostage across the world.”

The ruling comes as the U.S. continues to push for the returns of Wall Street Journal reporter Evan Gershkovich and fellow American Paul Whelan from Russia. These three cases, as well the 2022 Russian detainment of women’s basketball start Brittney Griner can be considered examples of “hostage diplomacy.” The tactic involves countries taking Americans prisoner to use as leverage for something else that country wants.