U.S. 'disappointed' in China's decision to uphold death sentence for American

April 13 (UPI) -- The U.S. State Department on Thursday expressed its disappointment in China's decision to uphold a death sentence for Mark Swidan, an American first jailed in 2012.

"Today the People's Republic of China's Jiangmen Intermediate Court denied wrongfully detained U.S. national Mark Swidan's appeal, and upheld his death penalty with a two-year suspended death sentence," State Department spokesman Vedant Patel said in a news release.

"We are disappointed by this decision and will continue to press for his immediate release and return to the United States. 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."

Patel added that President Joe Biden and U.S. Secretary of State Antony Blinken both "continue to remain personally focused on the release of Mark Swidan and other U.S. nationals wrongfully detained or held hostage across the world."

Swidan was arrested while speaking with his family from a hotel room in the city of Dongguan in November 2012, according to a 2020 report from the U.N. High Commissioner for Human Rights.

He was 37 at the time and in China on a business trip looking for flooring, fixtures and furniture for his business and his home in Texas, and he also was seeking to purchase helium for another company in Texas on commission.

Authorities who arrested Swidan seized his photography equipment, wallet, tablet, passport and identity card and accused him of being part of a criminal group manufacturing and trafficking drugs.

No drugs were found on Swidan or in his hotel room at the time of his arrest and prosecutors did not discover emails or phone calls implicating him in the alleged drug ring. Swidan pleaded not guilty to his charges.

During his detention, Swidan was "badly mistreated" and exposed to "poor sanitary conditions" and "denied medical treatment," according to the U.N. report.

Swidan was ultimately sentenced to death in 2018, but appealed the decision. His sentence was upheld Thursday.

The U.N. has determined that Swiden was arbitrarily detained and urged China to release him "immediately."

U.S. officials that have pushed for Swidan's release include Texas Sen. Ted Cruz, a Republican, who said earlier this year that his fellow Texan was sentenced to death "on false charges."

"This is how Third World despots act," Cruz said. "They must release Mark."

Katherine Swidan, his mother, long feared for her son's safety and treatment in China.

"My son will die, slowly giving up hope. I question myself tonight. Am I strong enough to hear Mark is dead, or should I go before him and wait for him with the angels?" she posted in November.

"My country does nothing but be polite, afraid to demand, all while Chinese guards laugh -- watching Mark suffer in pain," she said.