Open Letter to AICHR Thailand regarding the upcoming verdict of Vietnamese human rights defender Y Quynh Bdap and his potential extradition
25 September 2024
To: H.E. Prof. Dr. Amara Pongsapich, AICHR Representative of Thailand
Cc: Human Rights Division, ASEAN Secretariat
Ref: Bangkok Criminal Court (Black Case No: Por Dor 8/2567)
Your Excellency,
The Asian Forum for Human Rights and Development (FORUM-ASIA)–a network of 87 human rights organizations across 23 countries–is gravely concerned over the ongoing extradition trial against Vietnamese human rights defender Y Quynh Bdap.
Bdap is the co-founder of Montagnards Stand for Justice, an organization that advocates for the rights of the Montagnard people who are indigenous to the Central Highlands of Vietnam. For their religious beliefs, the Montagnard people have long been subjected to intimidation and discrimination by the Vietnamese Government.[1] Human rights organizations and rights defenders of the Montagnard people are labeled as terrorists” without appropriate due process of law for merely highlighting and documenting against the suppression of indigenous and religious rights by the government. This results in many of the Montagnard people seeking refuge in neighboring Southeast Asian countries.
Since 2018, Bdap has been living in Thailand. The United Nations High Commissioner for Refugees granted him refugee status whilst awaiting resettlement in a third country.
In January 2024, Bdap was convicted in absentia under terrorism charges by the People’s Court of Dak Lak province. He was sentenced to 10 years in prison along with 100 others in a mass trial for an alleged involvement in an attack against police stations in Dak Lak province in June 2023. Independent human rights experts have scrutinized the trial for its politically motivated targeting of the Montagnard people, condemning the proceedings for not abiding by international fair trial standards.[2]
Your Excellency, Bdap’s refugee status by definition is an affirmation that he possesses great risk of persecution in Vietnam. As such, extraditing Mr. Y Quynh Bdap to Vietnam would only amplify such risk and potentially subject him to torture or other cruel, inhuman or degrading treatment or enforced dissappearance considering the mass conviction of the Montagnard peoples and the ongoing arrests and harassment against human rights defenders supporting them.[3]
Bdap’s case also represents the worrying trend of transnational repression in Southeast Asia, wherein human rights defenders seeking refuge in neighboring countries are increasingly becoming more vulnerable to various forms of harassment. Earlier this year, Thai authorities arrested 10 Cambodian activists in exile who were planning to stage protests during Cambodian President Hun Sen’s visit to Thailand.[4]
Your Excellency, we would like to reiterate that it is the ASEAN Intergovernmental Commission on Human Rights’ role–under Article 1.6 of its Terms of Reference–to “uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action and international human rights instruments to which ASEAN Member States are parties.”
As a state party to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Thailand is bound by its international obligations of non-refoulement under Article 3 of the CAT which states “that no State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Likewise, Thailand must oblige to Article 16 of the ICPPED, which states that “no State Party shall expel, return (‘refouler’), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.”
FORUM-ASIA[5] as well as international independent human rights experts[6] have previously and repeatedly called on Thailand to release Bdap and to refuse his extradition to Vietnam.
The verdict of Bdap’s extradition trial is scheduled to be heard on 30 September 2024. Should the Court decide to extradite Bdap to Vietnam, Thailand would be in direct breach of its international obligations of non-refoulement.
We are therefore calling on AICHR Thailand to help ensure that Thailand continues to uphold its international human rights obligations by urging the Criminal Court to immediately and unconditionally release Bdap.
Should there be any clarifications needed, please do not hesitate to contact FORUM-ASIA’s East Asia and ASEAN Programme at [email protected].
We look forward to hearing from you. Thank you for your kind attention.
Sincerely yours,
Mary Aileen Diez-Bacalso
Executive Director, FORUM-ASIA
Open Letter to the Criminal Court regarding the upcoming verdict of Vietnamese human rights defender Y Quynh Bdap and his potential extradition
25 September 2024
To:
Mr. Sakchai Rangsiwong The Chief Justice of the Criminal Court The Criminal Court Ratchadaphisek Road Chom Phon Subdistrict, Chatuchak District Bangkok, Thailand, 10900
Mrs. Anocha Chevitsophon The President of the Supreme Court of Thailand 6 Ratchadamnoen Nai Road Phra Borom Maha Ratchawang Subdistrict, Phra Nakhon District Bangkok, Thailand 10200
Ref: Bangkok Criminal Court (Black Case No: Por Dor 8/2567)
Your Excellencies,
The Asian Forum for Human Rights and Development (FORUM-ASIA)–a network of 87 human rights organizations across 23 countries–is gravely concerned over the ongoing extradition trial against Vietnamese human rights defender Y Quynh Bdap.
Bdap is the co-founder of Montagnards Stand for Justice, an organization that advocates for the rights of the Montagnard people who are indigenous to the Central Highlands of Vietnam. For their religious beliefs, the Montagnard people have long been subjected to intimidation and discrimination by the Vietnamese Government.[7] Human rights organizations and rights defenders of the Montagnard people are labeled as terrorists” without appropriate due process of law for merely highlighting and documenting against the suppression of indigenous and religious rights by the government. This results in many of the Montagnard people seeking refuge in neighboring Southeast Asian countries.
Since 2018, Bdap has been living in Thailand. The United Nations High Commissioner for Refugees granted him refugee status whilst awaiting resettlement in a third country.
In January 2024, Bdap was convicted in absentia under terrorism charges by the People’s Court of Dak Lak province. He was sentenced to 10 years in prison along with 100 others in a mass trial for an alleged involvement in an attack against police stations in Dak Lak province in June 2023. Independent human rights experts have scrutinized the trial for its politically motivated targeting of the Montagnard people, condemning the proceedings for not abiding by international fair trial standards.[8]
Your Excellency, Bdap’s refugee status by definition is an affirmation that he possesses great risk of persecution in Vietnam. As such, extraditing Mr. Y Quynh Bdap to Vietnam would only amplify such risk and potentially subject him to torture or other cruel, inhuman or degrading treatment or enforced dissappearance considering the mass conviction of the Montagnard peoples and the ongoing arrests and harassment against human rights defenders supporting them.[9]
According to Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (Anti-Torture Act) it states that “No government organizations or public officials shall expel, deport,or extradite a person to another country where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.”
Furthermore, as a state party to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Thailand is also bound by its international obligations of non-refoulement under Article 3 of the CAT which states “that no State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Likewise, Thailand must oblige to Article 16 of the ICPPED, which states that “no State Party shall expel, return (‘refouler’), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.”
FORUM-ASIA[10] as well as independent international human rights experts[11] have previously and repeatedly called on Thailand to release Bdap and to refuse his extradition to Vietnam.
The verdict of Bdap’s extradition trial is scheduled to be heard on 30 September 2024. Should the Court decide to extradite Bdap to Vietnam, Thailand would thus directly be in breach of its national and international obligations of non-refoulement.
We are therefore calling on the court to ensure that Thailand continues to uphold its human rights obligations by immediately and unconditionally releasing Bdap.
Should there be any clarifications needed, please do not hesitate to contact FORUM-ASIA’s East Asia and ASEAN Programme at [email protected].
We look forward to hearing from you and thank you for your kind attention.
Sincerely yours,
Mary Aileen Diez-Bacalso
Executive Director of FORUM-ASIA
[1]<https://www.hrw.org/report/2015/06/26/persecuting-evil-way-religion/abuses-against-montagnards-vietnam> accessed by 9 September 2024
[2]<https://www.ohchr.org/en/press-releases/2024/08/experts-condemn-misuse-counter-terrorism-law-against-montagnards-viet-nam> accessed by 9 September 2024
[3]< https://www.rfa.org/english/news/vietnam/montagnard-arrest-dak-lak-08192024231225.html> accessed by 24 September 2024
[4]<https://thediplomat.com/2024/02/rights-groups-condemn-thailands-arrest-of-cambodian-dissident-exile> accessed by 9 September 2024
[5] <https://forum-asia.org/bdap/>
[6]<https://www.ohchr.org/en/press-releases/2024/07/experts-alarmed-possible-extradition-refugee-and-human-rights-defender-y> accessed by 9 September 2024
[7]<https://www.hrw.org/report/2015/06/26/persecuting-evil-way-religion/abuses-against-montagnards-vietnam> accessed by 9 September 2024
[8]<https://www.ohchr.org/en/press-releases/2024/08/experts-condemn-misuse-counter-terrorism-law-against-montagnards-viet-nam> accessed by 9 September 2024
[9]< https://www.rfa.org/english/news/vietnam/montagnard-arrest-dak-lak-08192024231225.html> accessed by 24 September 2024
[10] <https://forum-asia.org/bdap/>
[11]<https://www.ohchr.org/en/press-releases/2024/07/experts-alarmed-possible-extradition-refugee-and-human-rights-defender-y> accessed by 9 September 2024
