UN Experts Urge Thailand to Reconsider Extradition of Y Quynh Bdap to Viet Nam

Bdap, a co-founder of Montagnards Stands for Justice (MSFJ), has been a UNHCR-recognized refugee living in Thailand since 2018.

Independent human rights experts have expressed deep concern over a recent decision by the Bangkok Criminal Court to extradite Y Quynh Bdap, a refugee and human rights defender, to Viet Nam, urging Thai authorities to reconsider the ruling.

Bdap, a co-founder of Montagnards Stands for Justice (MSFJ), has been a UNHCR-recognized refugee living in Thailand since 2018. MSFJ advocates for political, religious, and Indigenous rights for the Montagnard people in Viet Nam, a group facing ongoing repression. The UN experts fear Bdap could face enforced disappearance, torture, ill-treatment, or arbitrary detention if extradited, violating international laws on non-refoulement, which prohibit returning individuals to countries where they face severe risks.

In January 2024, Bdap was convicted in absentia for terrorism offenses in Viet Nam, linked to alleged anti-government activities in the Dak Lak province in June 2023. His trial, conducted by a "mobile court", was condemned by human rights experts, who called the charges vague and the process politically influenced, lacking proper legal foundation. The trial involved 99 other defendants and was labeled a collective shaming tool rather than a fair legal process.

MSFJ was also designated a "terrorist organization" by Viet Nam in March 2024, a move that the experts say is part of an intensifying campaign of discrimination and repression against the Montagnard Indigenous people.

Despite the absence of a formal extradition treaty between Thailand and Viet Nam, the Thai court acknowledged that Thailand's Prevention and Suppression of Torture and Enforced Disappearance Act prohibits extradition if there is a substantial risk of torture. However, the court ruled it lacked the authority to evaluate whether Bdap's trial in Viet Nam adhered to international due process standards.

The UN experts have called on Thai authorities to honor their international obligations, urging Thailand to fully respect non-refoulement principles. They emphasized the need for Thailand to recognize refugee status in domestic law through its National Screening Mechanism and provide protection against transnational repression for vulnerable groups like the Montagnards.

The Montagnard Indigenous peoples and religious minorities have long been subjected to systematic discrimination in Viet Nam, with many seeking asylum in Thailand. The UN experts urged other countries to expedite the resettlement of Montagnards who are awaiting asylum decisions.