Congressional hearing: US should name more Americans as 'unjustly detained' in China
Members of Congress and witnesses argued at a congressional hearing this week that the U.S. government should expand the list of Americans that it designates as being “unjustly detained” in China.
“More Americans should be considered to be unjustly detained by the State Department,” Representative Chris Smith, the chair of the Congressional Executive Commission on China, said Wednesday in opening remarks at the CECC hearing.
China is known for a justice system lacking transparency and arbitrarily detaining foreigners as well as its own citizens.
The State Department officially had three Americans listed as unjustly detained in China including American Pastor David Lin, who has now been released by Beijing, the State Department announced on Sunday.
The other two are Kai Li and Mark Swidan. Li, a businessman from Long Island, was detained by China in 2016 and sentenced to 10 years in prison in 2018 for espionage, which his family denies. Swiden, a Texas businessman, was detained in 2012 and convicted on drug-related charges in 2019. His supporters say there is evidence he was not in China at the time of the alleged offense.
Although estimates vary, human rights organizations assess that more U.S. citizens are wrongly detained in China.
Dui Hua, a human rights group that advocates for clemency and better treatment of detainees in China, doubts about 200 Americans who are held under coercive measures in China and more than 30 who are barred from leaving the country.
The James W. Foley Legacy Foundation, a group that seeks to free Americans held captive abroad, estimates that 11 U.S. nationals are wrongfully detained in China, including those subject to exit bans.
In the opening statement of his testimony, Nelson Wells, the father of detained American citizen Nelson Wells, Jr., lamented that “Nelson is not considered a political prisoner or held unjust” by the State Department.
Later, he added, “We tried to get Nelson’s name included” in the list and expressed his hope that the hearing will pave the way.
Nelson Wells, Jr., from New Orleans, was arrested in 2014 in China and sentenced to life on drug-related charges, which his family denies. His term was reduced to 22 years in 2019, and he will remain in prison until 2041.
The U.S. determines whether its citizens are detained “unlawfully or wrongfully” by either “a foreign government or a non-governmental actor” based on criteria set by the Levinson Act signed into law in 2020.
Such criteria “can include, but is not limited to, a review of whether the individual is being detained to influence U.S. policy, whether there is a lack of due process or disparate sentencing for the individuals, and whether the person is being detained due to their U.S. connections, among other criteria,” said a spokesperson for the State Department in a statement to VOA Korean on Tuesday.
“The Secretary of State has ultimate authority to determine whether a case is a wrongful detention. This determination is discretionary, based on the totality of the circumstances, and grounded in the facts of the case. We do not discuss the wrongful detention determination process in public,” the spokesperson continued.
A spokesperson for the Foley Foundation told VOA that it believes 11 Americans currently detained in China meet “the criteria for wrongful detention, as specified in Levinson Act.”
Its report, published in July, says China “remains the leading country in wrongfully detaining U.S. nationals,” based on the data collected by the Foley Foundation in the period from 2022 to 2024.
Sophie Richardson, a visiting scholar at Stanford University’s Center on Democracy, Development, and the Rule of Law, told VOA China’s practice of arbitrary detention is harmful to its culture and economy.
“It’s a big part of what is deterring people from going to the country,” including students who are interested in studying Chinese as well as business executives who are “concerned they might run afoul of certain kinds of data regulations and [be] arbitrarily detained,” said Richardson, a former China director at Human Rights Watch.
A record number of approximately 15,200 high-net worth individuals are expected to leave China in 2024, according to New World Wealth, a wealth intelligence firm, cited by the Henley Private Wealth Migration Report.
Harrison Li, the son of Kai Li, said, “The Chinese government clearly wants more Americans to travel to China, but as long as our loved ones are being held, as long as there are so many people at risk, then that travel warning must be escalated.”
The State Department currently advises Americans to “reconsider” traveling to the country “due to the arbitrary enforcement of local laws,” including exit bans and wrongful detention. The next level of advisory would say “do not travel.”
Bob Fu, the founder and president of China Aid, a human rights group that advocates for religious freedom, told VOA that “increasing international isolation” felt by the Chinese Communist Party could have led it to the release of David Lin.
He said the prospect for the release of other Americans would depend on “how much persistent pressure from the highest level of the U.S. government” is exerted on Beijing.
The State Department spokesperson told VOA Korean that the U.S. has raised the case of “other wrongfully detained Americans” in addition to David Lin and will “continue to push for the release of other Americans.”