Thailand’s Court of Appeal upheld an order to extradite Vietnamese human rights activist and recognized refugee Y Quynh Bdap to Vietnam on Wednesday, Nov. 26.
The court rejected concerns from international rights groups that he faces a high risk of torture, enforced disappearance, and an unfair trial if returned.
The court affirmed a 2024 lower court ruling, saying it found “insufficient evidence to support that he would be in danger of torture or forced disappearance, and his appeal is not reasonable.”
Bdap, an ethnic Ede and rights advocate for the Montagnard minority in Vietnam’s Central Highlands, fled to Thailand in 2018, claiming persecution for his human rights work.
The UN Refugee Agency (UNHCR) in Bangkok has granted him refugee status.
Thai police arrested him in Bangkok on June 11, 2024, shortly after he was interviewed at the Canadian Embassy regarding potential resettlement.
The arrest was made at the request of Vietnamese authorities.
Vietnam’s allegations
Vietnam accuses Bdap of involvement in coordinated armed attacks in June 2023 in Dak Lak province, where gunmen targeted local government offices, killing nine people, including police officers and party officials, according to state media.
He was convicted in absentia on terrorism-related charges and sentenced to 10 years in prison. Bdap has denied any involvement in the violence.
Vietnamese state media have also designated his organization, Montagnards Stand for Justice (MSFJ), which campaigns for religious freedom and minority rights, as a terrorist group. The designation was announced on March 6, 2024.
Human rights concerns
The appeal hearing in Bangkok was monitored by 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.
ASEAN Parliamentarians for Human Rights strongly condemned the prospect of Bdap’s extradition, warning that returning him to Vietnam would expose him to torture, enforced disappearance, or other severe human rights violations.
The Montagnard communities, comprising more than 30 mostly Christian ethnic groups, have long experienced allegations of discrimination over religious practice and land rights.
Many Montagnards supported South Vietnam during the Vietnam War, contributing to persistent tensions with the Communist government.
Vietnam denies accusations of persecution and says its security measures target only individuals involved in violent or separatist activities.
Ethnic, historical context
Bdap belongs to the Ede people, one of the Central Highlands ethnic groups collectively known as Montagnards, or “hill people,” a term dating to French colonial rule.
Rights watchdogs say Montagnard activists have routinely been subjected to surveillance, intimidation, and prosecution.
Vietnam maintains that groups such as MSFJ threaten national security, while human rights organizations argue that the “terrorist” designation is aimed at silencing legitimate advocacy.
Legal, refugee protections
Thailand has no extradition treaty with Vietnam, and rights advocates argue that extraditing a UN-recognized refugee would violate the principle of non-refoulement, which prohibits returning individuals to countries where they may face serious threats to life or freedom.
This principle is enshrined in the 1951 Refugee Convention and its 1967 Protocol, widely regarded as international norms even though Thailand is not a signatory.
Advocates emphasize that recognizing a refugee’s status carries corresponding responsibilities under international law and customary practice, responsibilities they say should apply in Bdap’s case.
It remains unclear when Bdap’s extradition might take place. Human rights groups continue urging the Thai government to halt the process, calling on authorities to uphold international protection standards and prevent potential abuses.
