Thailand: Court ruling puts human rights defender in danger if extradited to Viet Nam, say experts

GENEVA (16 October 2024) – Independent human rights experts* said today they were deeply troubled by a Bangkok Criminal Court decision to extradite refugee and human rights defender Y Quynh Bdap to Viet Nam and urged that the case be reconsidered.

“If extradited, Mr. Bdap would be at risk of enforced disappearance, torture or other ill-treatment or punishment and arbitrary detention, in violation of the international obligation of non-refoulement,” the UN experts said.

Bdap co-founded Montagnards Stands for Justice (MSFJ), which campaigns for political, religious, and Indigenous rights in Viet Nam. He has been living in Thailand since 2018 and is a UNHCR recognised refugee.

The experts said that, in the absence of a formal extradition treaty between Thailand and Viet Nam, Thai authorities can refuse to enforce the court’s extradition order handed down on 30 September 2024. The case must be reconsidered, they said.

In January 2024, Bdap was convicted of terrorism offences in absentia in Viet Nam in connection with alleged anti-government attacks in Viet Nam’s Central Highland province of Dak Lak in June 2023.

Human rights experts previously condemned his trial and conviction alongside 99 other people by a “mobile court”.

“The mobile court lacked a clear legal basis and was not independent of political influence,” the experts said. “It was a prejudicial tool to collectively shame the defendants, without properly assessing individual responsibility. The terrorism charges were vague and overly broad. The trial was not fair according to international law.”

The experts said the targeting of MSFJ, which was designated as a “terrorist organisation” in Viet Nam on 6 March 2024, is “part of a larger and intensifying pattern of discrimination and repression against Montagnards in Viet Nam.”

The Thai Criminal Court acknowledged that section 13 of Thailand’s Prevention and Suppression of Torture and Enforced Disappearance Act prohibits extradition when there is a substantial risk of torture or ill-treatment upon return. However, the Court ruled that it did not have the authority to assess whether the Vietnamese judicial process adhered to due process standards in prosecuting and punishing Mr. Bdap.

The experts previously called on Thai authorities, including through an intervention to the Thai Court, to respect the obligation of non-refoulement.

Montagnard Indigenous peoples and religious minorities in Viet Nam have been victims of systematic discrimination and other ill-treatment and many people have sought protection in Thailand. The experts urged Thailand to recognise their refugee status in domestic law, particularly through the National Screening Mechanism, , regularise their residency status, and protect them against transnational repression by foreign authorities.

Several Montagnards are awaiting resettlement or have an asylum case pending in a third country. The experts strongly encourage these countries to process applications expeditiously.

The experts have communicated their concerns to the Governments of Viet Nam and Thailand on this issue.