Bangkok court rules Vietnam can extradite human rights activist Y Quynh Bdap

A judge in Thailand ruled that Vietnamese human rights activist Y Quynh Bdap could be sent back to Vietnam where he is facing various terrorism-related charges, in a trial which concluded on 30 September. The ruling further stated that the extradition order would need to be signed by Thai Prime Minister Paetongtarn Shinawatra to be enacted.

Bdap’s defense team have stated that they will appeal this decision. Bdap will be held in custody until his appeal has been heard. Bdap’s defense team argued that he would almost certainly face torture if he were to be returned to Vietnam.

The hearing was attended by various human rights observers, local and international NGOs, representatives of several embassies, and staff from the Office of the United Nations High Commissioner for Human Rights. The court used an overflow room with a TV link of proceedings to accommodate the large crowd.

Bdap is the founder of the Montagnard Stand for Justice (MSFJ) human rights organisation, which was designated a terrorist group by Vietnamese state media on 6 March 2024. Prior to the designation, Bdap had been charged in absentia along with nearly 100 other members of the Montagnard ethnic group in connection to various terrorism-related charges.

The majority of Montagnards are Christians and live in Vietnam’s central highlands. The community has a long history of conflict with the Vietnamese government and have faced intense harassment and intimidation since a June 2023 attack on provincial Communist party offices in Dak Lak that left nine dead, including local party officials and police.

Bdap has been granted refugee status by the UN Refugee Agency in Bangkok. Thailand has no extradition agreement with Vietnam, and according to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol a state does not have an obligation to return a refugee to a country where they face serious threats to their life or freedom.

A lawyer familiar with the case, who spoke with CSW on the condition of anonymity, said: ‘The Vietnamese oppression of the Montagnard minority, to which Mr Bdap belongs, has been going on for decades, and it is always disappointing when other countries are more than willing to contribute. While the ultimate decision to extradite now rests with the government, which remains obliged to protect Mr Bdap from torture or cruel, inhuman, or degrading treatment, the outcome today was disturbing yet expected.’

CSW’s Founder President Mervyn Thomas said: ‘Vietnam is not a place that grants rights to those who speak up against the government. Y Quynh Bdap started an organisation that methodically records and reports on the government’s actions and policies of targeted harassment of the Montagnards and other minorities. If he were to be sent back, he would face gruesome treatment, and Thailand would be party to an act of transnational repression. CSW calls on the government of Thailand to protect Y Quynh Bdap’s right to non-refoulment and we implore Prime Minister Paetongtarn Shinawatra not to authorise the extradition order.’