The Cross-Cultural Foundation has filed a complaint against Thai government officials under the Anti-Torture and Enforced Disappearance Act, after it learned that the Thai authorities had already extradited Montagnard human rights defender Y Quynh Bdap back to Vietnam.

Y Quynh Bdap during close-contact visit with his family at Khlong Prem Central Prison on 27 November. It was the last time his family saw him in person. Both the Thai and Vietnamese authorities have not confirmed his whereabouts. (Photo from CrCF)

CrCF director Pornpern Khongkachonkiet said that last Friday (28 November), the Foundation received a press release from the Department of Corrections about Y Quynh Bdap’s extradition, but was not sure when he would be deported or how. They tried reaching out to relevant agencies, but were told that there is no information on where he is being held.

On Saturday morning (29 November), Pornpen said, CrCF tried reaching out to the Suan Phlu Immigration Detention Centre in Bangkok, since it was likely that he was being held by the Immigration Bureau. However, they were told that he was not held at the Detention Centre and that his whereabouts were unknown.

CrCF then went to the Office of the Attorney General and filed a complaint under Section 29 of the Prevention and Suppression of Torture and Enforced Disappearance Act. Less than 30 minutes later, an official from the Office of the Attorney General informed them that Y Quynh Bdap had been extradited on Friday (28 November). However, no one was able to confirm his location.

“We think that legally the concealment of his place of detention as short-term enforced disappearance which we will have to continue to follow up on,” Pornpen said.

Pornpen has filed a complaint with the office of the Attorney General’s Centre for Prevention and Suppression of Torture and Enforced Disappearance. She said it was to send a message to officials at all levels that they must respect the law. She also said that officials who follow orders while disregarding local and international law might have to face the consequences once their superiors or other extrajudicial mechanisms can no longer protect them.

Pornpern Khongkachonkiet (File photo)

Y Quynh Bdap is a co-founder of Montagnards Stand for Justice. The organization works to protect the rights of Montagnard people, a Christian ethnic minority in Vietnam who have been subjected to marginalization and religious persecution by the Vietnamese government.

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, a 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 him.

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.

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 an appeal on the ground that he faces political prosecution. However, the Appeal Court ruled last Wednesday (26 November) to uphold the Criminal Court’s request, noting that there is not enough evidence to believe that Y Quynh Bdap would be in danger if he returns to Vietnam.

Natalie Bergman, who is part of Y Quynh Bdap’s legal team, noted that the Appeal Court informed his lawyer of the hearing one day before the court date when it usually gives a 2-week or 1-month notice.

Responding to Y Quynh Bdap’s alleged extradition to Vietnam, where he faces imprisonment and risks torture, Human Rights Watch Asia Director Elaine Pearson said that the Thai government violated its own anti-torture law and its international legal obligations.

“The Thai government’s willingness to assist Vietnam in repressing human rights activists is appalling,” she said.

The Prevention and Suppression of Torture and Enforced Disappearance Act prohibits extradition when there is a substantial risk of torture or ill-treatment upon return. Human Rights Watch also noted that Thailand is obligated to respect the international principle of nonrefoulement, which prohibits countries from returning anyone to a place where they would face a real risk of persecution, torture, or other serious ill-treatment, or a threat to their life. This principle is codified in the Convention Against Torture, to which Thailand is a party, and customary international law.

“The Bdap case demonstrates the Thai government’s unwillingness to respect international law and protect foreign human rights advocates who live in Thailand,” Pearson said.

“Concerned governments should expedite resettlement of Vietnamese and other nationals at risk in Thailand to places where they will be safe.”

Human Rights Watch said that the Vietnamese authorities have not confirmed if he is in their custody. It calls on foreign governments to press Vietnam to disclose his whereabouts and request access to him given the high risk of torture and other ill-treatment.