Thai Criminal Court has approved the deportation of an ethnic minority human rights defender following Vietnam’s request. His fate is now in the hands of the Thai government, which will decide whether to extradite him or not. If deported, he would face 10 years imprisonment on terrorism charges.

Y Quynh Bdap, a refugee recognized by the United Nations High Commissioner for Refugees (UNHCR), sought asylum in Thailand in 2018. On 11 June 2024, he was arrested by the Thai authorities for overstaying his visa. Only a day after he revealed to the Canadian Embassy in Bangkok that he intended to seek asylum in Canada, the Vietnamese government requested Bdap’s extradition.

Y Quynh Bdap is a part of an ethnic minority called “Montagnard” in Vietnam. He is a co-founder of Montagnards Stand for Justice, which plays a key role in protecting the Montagnard people’s human rights, and rights to perform religious practices in accordance with their Christian beliefs. The Montagnard people have long been subjected to marginalisation and repression by the Vietnamese government and been forced to abandon their religious practices. Numerous reports suggest that they have faced persecution and intimidation by the Vietnamese authorities.

In this case, Y Quynh Bdap was allegedly linked to attacks in June last year on two Vietnamese government buildings and a police station in Dak Lak. The incident left 9 dead and 2 injured. Over 100 Montagnard, including Y Quynh Bdap, were accused by the government of being involved in the attacks.

On 5 September, the government-backed YouTube channel VTV4 in Vietnam claimed that Y Quynh Bdap was behind the police station attack, citing testimony from the arrested and screenshots of conversations on the WhatsApp application.

Even though he was not in the country when the incident occurred, the Vietnamese Court ruled in January to sentence him to 10 years in prison on terrorism charges. He had no chance to fight the case or even appoint a lawyer to represent himself.

Meanwhile, Chanatip Tatiyakaroonwong, a regional researcher for Amnesty International in Thailand, revealed that the trials of Y Quynh Bdap and other Montagnard people in this case were conducted in absentia through a mobile court, which violated the principles of a fair trial. The defendants had no chance to defend themselves.

Thai Criminal Court on Monday (1 October) approved Vietnam’s extradition request and jailed the activist pending the Thai government’s decision on whether to deport him or not.

Y Quynh Bdap’s lawyer argued that her client has been granted refugee status from the UNHCR, asserting that his extradition will also violate the Prevention and Suppression of Torture and Enforced Disappearance Act, which says “no government agencies or state officials shall expel, deport, or extradite a person to another country where there are credible grounds for believing that the person would be subjected to torture, cruel, inhuman, or degrading treatment, or being forcibly disappeared.”

However, the Court stated that the law is not within its consideration. Instead, it is an international issue that requires a decision by the government.

The lawyer disclosed that the decision depends on the government. If the government decides not to extradite and wishes to release him, the government can provide immediate protection through a direct order from the Prime Minister.

Thailand has long served as a shelter for activists from neighbouring countries seeking asylum. However, many refugees have not been able to rely on the Thai government as several have been forced to return to their home countries. For instance, in 2021, Thai immigration officials forcibly returned two Cambodian refugees, putting them at risk of unfair trials in Cambodia. Three Cambodian activists seeking asylum in Thailand were recently arrested by the Thai authorities ahead of Prime Minister Hun Manet’s official visit to Thailand. After concerns were raised, the Thai government vowed not to deport them. It is believed that they are now detained in a Thai prison.

In response to concerns about deporting asylum seekers, Thailand passed the Prevention and Suppression of Torture and Enforced Disappearance Act, which came into force in February 2023. The Act aims to prevent enforced disappearance and prevent a person from being extradited to a country where they could be at risk of torture.

However, it seems there is still a long road ahead for Thai government and judicial system to effectively enforce this new Act and ensure its practical application in real cases such as this one.