The National Human Rights Commission of Thailand (NHRC) has released the findings of its investigation into the deportation of 40 Uyghur refugees, concluding that the act violated human rights and the principle of non-refoulement.

Human Rights Commissioner Wasan Paileeklee revealed that the NHRC was responsible for investigating the Thai government’s deportation of the Uyghurs following complaints from four individuals and private organizations.

The complainants alleged that the Thai government, including the National Security Council and the Immigration Bureau, deported 40 Uyghur refugees back to China despite credible evidence indicating that Uyghurs are subjected to torture, enforced disappearance, and inhumane treatment, as outlined in a report by the Office of the United Nations High Commissioner for Human Rights (OHCHR).

The case stemmed from the deportation in the middle of the night on 27 February of Uyghur refugees who had been detained at Bangkok's Suan Phlu Immigration Detention Centre. The Thai authorities later revealed that the 40 Uyghur refugees were deported to China at the request of the Chinese government.

The Thai authorities claimed that the Uyghur refugees agreed to return to China, and that no third country had offered to take them. Due to the growing criticism and concerns over their well-being in China, ministers, along with Thai media representatives, visited China’s Xinjiang province to check on their condition.

The NHCR’s investigation revealed that in 2014, a group of Uyghurs fled from China into Thailand, intending to head to Turkey as their destination. In 2015, 173 Uyghurs were sent to Turkey, 109 were deported back to China, and 40 others remained detained at the Suan Phlu Detention Centre. Five, who attempted to escape, are detained at Klong Prem Central Prison, serving a sentence that runs to 2029.

tHe Thai government stated that the Chinese authorities guaranteed that the deportation on 27 February was in line with standard procedures. The Chinese authorities sent a letter to the Thai government with the promise that the deported refugees would be well-treated.

According to the NHRC, the Uyghur refugees entered Thailand illegally. They were prosecuted and had completed their sentences. They thus held the status of immigration detainees, not suspects, convicts, or wrongdoers under Thai law.

In addition, they had expressed their unwillingness to return to China and instead sought resettlement in a third country due to fear of persecution upon return. The NHRC stated that they should have been regarded as asylum seekers entitled to protection under international human rights principles.

The NHRC found that the Thai government relied solely on the Chinese government’s verbal assurance, which was considered as a credible guarantee of the refugees’ safety. The claim that they voluntarily returned to China was not supported by solid evidence, but rather a claim made unilaterally by the Thai government.

The Thai authorities’ visit to Xinjiang also had significant limitations in communication and travel. The meetings between the Thai officials and the deported Uyghur refugees were also conducted under the Chinese government’s supervision, preventing a full understanding of the context.

The NHRC concluded that the action constituted a violation of the human rights, the principle of non-refoulement, as well as the Thai Prevention and Suppression of Torture and Enforced Disappearance Act.

The deportation, the NHRC said, undermined international confidence in Thailand, particularly in light of the country’s recent election as a member of the United Nations Human Rights Council for 2025-2027. It also had a negative impact on Thailand’s image in terms of international economic and trade cooperation, as well as its ties with Muslim-majority countries.

The National Security Council, the Immigration Bureau, the Royal Thai Police, the Ministry of Foreign Affairs, and the Ministry of Justice have been urged to continue monitoring the conditions of the deported Uyghurs and publicly report their findings to ensure that the returnees are safe and living well.

It was also recommended that relevant international and regional organizations should be invited to participate in the monitoring to ensure transparency and to strengthen Thailand’s human rights image.

The Thai government and the National Security Council were also urged to reconsider the deportation of the five Uyghur detainees who remain in prison. Any future deportation must be voluntary, accompanied by an official and verifiable assurance from the Chinese government, and be publicly disclosed to prevent any risk of serious human rights violations.

To better protect human rights, the NHRC urged the Royal Thai Police, the Immigration Bureau, and the National Security Council to adhere to the non-refoulement principle when deporting a refugee. They were also advised to consider alternative solutions to detention for refugees.