The Appeal Court ruled on Wednesday (26 November) to approve a request to extradite Montagnard human rights defender Y Quynh Bdap to Vietnam, where he would face 10 years in prison on terrorism charges.

The Montagnard people have long been subjected to marginalization and religious persecution by the Vietnamese government. Y Quynh Bdap co-founded Montagnards Stand for Justice, which works to protect the rights of Montagnard people, including their right to perform religious practices in accordance with their Christian beliefs. He sought asylum in Thailand in 2018 and has been recognized as a refugee by the UN High Commissioner for Refugees (UNCHR). 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 among over 100 Montagnard individuals accused by the Vietnamese government of being involved in attacks in June 2024 on two Vietnamese government buildings and a police station in Dak Lak. The incident left 9 dead and 2 injured.

Even though he was not in the country when the incident occurred, the Vietnamese Court found him guilty and sentenced him to 10 years in prison for terrorism. He had no chance to fight the case or even appoint a lawyer to represent himself.

On 1 October, the Criminal Court approved Vietnam’s extradition request and ruled to have Y Quynh Bdap jailed pending the Thai government’s decision on whether to deport him or not.

Y Quynh Bdap filed for appeal on the ground that he is facing political prosecution. The Appeal Court on Wednesday (26 November) upheld the Criminal Court’s ruling, citing the testimony of a prosecution witness, an official from the Ministry of Foreign Affairs’s Department of Treaties and Legal Affairs who said that the charges against him were not political.

The Appeal Court also ruled that there is not enough evidence to believe that Y Quynh Bdap would be in danger if he returns to Vietnam. It noted that, in their request, the Vietnamese authorities promised that Y Quynh Bdap will be protected if he is extradited, and said that there is not enough evidence proving that he was assaulted while in detention between 2012 – 2016.

Human rights lawyer Koreeyor Manuchae, who is representing Y Quynh Bdap, said that he may be deported at any time. She noted that the defence has presented evidence to prove that he could be in danger if he is extradited. This included reports on the human rights situation in Vietnam, which states that the Montagnard people face religious discrimination. An expert witness also testified that this ethnic minority faces discrimination and persecution from the Vietnamese government. Koreeyor said that this evidence is credible and that physical evidence such as injuries should not be needed to prove that the defendant was assaulted.

Vietnam is not known for respecting human rights, Koreeyor said, and many organizations have raised concerns about this. She said she is disappointed that the court does not find human rights important and gave more weight to a promise that cannot be proven than to credible organizations.

Koreeyor also said that whether a case is political or not depends on the motivation. Y Quynh Bdap is a human rights defender who has campaigned for religious freedom in Vietnam, where there are strict limitations on religious expression. When an activist who opposes state policy is prosecuted, Koreeyor said, it is not possible to reach any other conclusion. She said she is disappointed that the Thai justice system does not believe that the charges against him were politically motivated.

Y Quynh Bdap’s legal team will be petitioning the Prime Minister not to extradite him, Koreeyor said.

“In the recent past, some Uyghurs were sent back to China, and afterwards the National Human Rights Commission said that it was a violation of human rights,” she said. “I want to call on Thailand to stop following the trail of human rights violations.”

Responding to the ruling to extradite Y Quynh Bdap, Amnesty International’s Thailand Researcher Chanatip Tatiyakaroonwong said that it was “a grave failure of Thailand’s human rights obligations” to send him back to Vietnam, where there is a track record of discrimination against the Montagnards and of convicting activists in proceedings that fall short of international fair trial standards.

“By handing Y Quynh Bdap over to the very authorities he fled on the basis of a conviction obtained through an unfair trial, Thailand has violated one of the most fundamental protections in international law,” Chanatip said.

“Following the return of Uyghurs to China earlier this year, this is the second time Thailand has blatantly returned people to their countries despite risks of grave human rights violations despite a domestic law prohibiting torture and non-refoulment that came into force in 2023.

“Thai authorities must ensure safety and protection for all those fleeing persecution – including Indigenous and religious minorities from Viet Nam – rather than putting them at risk of harm.”