GENEVA (16 October 2024) – Independent human rights experts* said today they were deeply troubled by a Bangkok Criminal Court decision to extradite refugee and human rights defender Y Quynh Bdap to Viet Nam and urged that the case be reconsidered. “If extradited, Mr. Bdap would be at risk of enforced disappearance, torture or other ill-treatment or punishment and arbitrary detention, in violation of the international obligation of non-refoulement,” the UN experts said. Bdap co-founded Montagnards Stands for Justice (MSFJ), which campaigns for political, religious, and Indigenous rights in Viet Nam. He has been living in Thailand since 2018 and is a UNHCR recognised refugee. The experts said that, in the absence of a formal extradition treaty between Thailand and Viet Nam, Thai authorities can refuse to enforce the court’s extradition order handed down on 30 September 2024. The case must be reconsidered, they said. In January 2024, Bdap was convicted of terrorism offences in absentia in Viet Nam in connection with alleged anti-government attacks in Viet Nam’s Central Highland province of Dak Lak in June 2023. Human rights experts previously condemned his trial and conviction alongside 99 other people by a “mobile court”. “The mobile court lacked a clear legal basis and was not independent of political influence,” the experts said. “It was a prejudicial tool to collectively shame the defendants, without properly assessing individual responsibility. The terrorism charges were vague and overly broad. The trial was not fair according to international law.” The experts said the targeting of MSFJ, which was designated as a “terrorist organisation” in Viet Nam on 6 March 2024, is “part of a larger and intensifying pattern of discrimination and repression against Montagnards in Viet Nam.” The Thai Criminal Court acknowledged that section 13 of Thailand’s Prevention and Suppression of Torture and Enforced Disappearance Act prohibits extradition when there is a substantial risk of torture or ill-treatment upon return. However, the Court ruled that it did not have the authority to assess whether the Vietnamese judicial process adhered to due process standards in prosecuting and punishing Mr. Bdap. The experts previously called on Thai authorities, including through an intervention to the Thai Court, to respect the obligation of non-refoulement. Montagnard Indigenous peoples and religious minorities in Viet Nam have been victims of systematic discrimination and other ill-treatment and many people have sought protection in Thailand. The experts urged Thailand to recognise their refugee status in domestic law, particularly through the National Screening Mechanism, , regularise their residency status, and protect them against transnational repression by foreign authorities. Several Montagnards are awaiting resettlement or have an asylum case pending in a third country. The experts strongly encourage these countries to process applications expeditiously. The experts have communicated their concerns to the Governments of Viet Nam and Thailand on this issue. *The experts: Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mary Lawlor, Special Rapporteur on the situation of human rights defenders;Gabriella Citroni (Chair-Rapporteur), Grażyna Baranowska (Vice-Chair), Ana-Lorena Delgadillo Pérez and Aua Baldé, Working Group on Enforced or Involuntary Disappearances; Cecilia M Bailliet, Independent Expert on human rights and international solidarity; Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; Irene Khan, Special Rapporteur on freedom of opinion and expression; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; and Nicolas Levrat, Special Rapporteur on the human rights on minority issues. The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council"s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity. UN Human Rights, country page: Thailand, Viet Nam For more information and media requests, please contact Karen Reyes Tolosa karen.reyestolosa@un.org and hrc-sr-ct@un.org For media inquiries related to other UN independent experts please contact Dharisha Indraguptha (dharisha.indraguptha@un.org) or John Newland (john.newland@un.org) Follow news related to the UN"s independent human rights experts on X: @UN_SPExperts