Call on Thailand to Refuse Extradition of Refugee and Human Rights Defender Y Quynh Bdap

"We urge Thailand to reject the extradition of Y Quynh Bdap and any requests to forcibly return Montagnards seeking asylum," the experts emphasized.

Today, independent experts voiced serious apprehension regarding Vietnam's extradition request to Thailand for Y Quynh Bdap, a refugee and co-founder of Montagnards Stand for Justice, an organization advocating for indigenous rights in Vietnam.

"We urge Thailand to reject the extradition of Y Quynh Bdap and any requests to forcibly return Montagnards seeking asylum," the experts emphasized.

Y Quynh Bdap has resided in Thailand since 2018, where he holds refugee status recognized by the United Nations High Commissioner for Refugees (UNHCR) and awaits resettlement to a third country.

In June 2023, he was convicted in absentia on charges related to alleged terrorist activities in Dak Lak province, Vietnam's Central Highlands. Following a trial by a "mobile court" involving 100 defendants, which lacked fair trial guarantees under international law, he was sentenced to 10 years in prison. Currently detained in Bangkok, he awaits an extradition hearing scheduled for next month.

The experts called on Thai authorities to uphold their obligations under international human rights law, particularly the principle of non-refoulement. This principle prohibits the return of individuals to countries where they would face persecution, torture, or other forms of severe ill-treatment.

"We believe that extraditing Y Quynh Bdap would place him at risk of enforced disappearance, torture, or other forms of ill-treatment, violating the principle of non-refoulement," the experts stated.

They welcomed Thailand's recent legislative steps, including the Prevention and Suppression of Torture and Enforced Disappearances Act enacted in February 2023, which prohibits extraditions to countries where such risks exist. Additionally, they commended Thailand's ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in May 2024.

Highlighting the plight of Montagnard indigenous peoples and religious minorities in Vietnam, the experts noted instances of discrimination, forced renunciation of non-official religious beliefs, and misuse of terrorism charges against groups like Montagnards Stand for Justice.

"Given the risks faced by Montagnards in Vietnam, many have sought refuge in Thailand. We urge Thailand to recognize their refugee status under domestic law, regularize their residency, and shield them from foreign authorities' transnational repression," the experts urged.

The experts have communicated their concerns to the governments of Vietnam and Thailand. They also called upon third countries processing asylum applications for Montagnards to expedite the process promptly, given the pressing humanitarian concerns.