On June 11, 2024, immigration police arrested Mr. Y Quynh Bdap, a Vietnamese religious freedom activist who has been granted refugee status and international protection by the United Nations High Commissioner for Refugees (UNHCR). Mr. Bdap is a vocal advocate for religious freedom for ethnic groups and has been charged with terrorism by the Vietnamese government in relation to last year’s riots. He was taken into custody at Phahonyothin Police Station after an interview with the Canadian Embassy regarding resettlement in a third country. There is a concern that he may be deported back to Vietnam using the extradition process filed by the Attorney General with the Criminal Court, which poses a risk of transnational repression between Thailand and the Socialist Republic of Vietnam.
We, the undersigned network of human rights organizations, would like to express concern that the arrest of refugee in this case constitutes an act of transnational repression between Thailand and the Socialist Republic of Vietnam, which have an extradition agreement. If Thailand extradites Mr.Y Quynh Bdap back to Vietnam, this will violate the principle of non-refoulement, as established by Articles 6 and 7 of the International Covenant on Civil and Political Rights (ICCPR), Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and Article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance (CED). This principle is considered an absolute legal principle (jus cogens) and an absolute right that the state must respect without exception in every case and situation. Additionally, Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) states that no government agency or official shall expel, return, or extradite a person to another state if there is reason to believe that the person will be in danger of being tortured, subjected to cruel, inhumane, or degrading treatment, or enforced disappearance.
Therefore, we would like to urge the Thai authorities to consider the following recommendations:
- Investigate whether any foreign government officials are involved in illegal activities in Thailand, such as the arrest of this and other human rights activists who have been granted refugee status. This could be a violation of Thai law. International cooperation in criminal cases must be conducted transparently and with accountability to prevent transnational repression.
- Do not hand over Mr. E. Quin Berdab to the Vietnamese authorities, in accordance with the principle of non-refoulement and Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022).
- Ensure that such arrests comply with the measures outlined in Section 22 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022), which requires responsible government officials to notify the public prosecutor and the Director of the Bureau of Investigation and Legal Affairs, Department of Provincial Administration.
- Grant Mr. Y Quynh Bdap the right to bail so he can fairly fight his case. Due to charges of illegal entry and residing in Thailand without permission, Mr. Bdab might not be released on bail because of the extradition arrest warrant.
- Coordinate with the Office of the United Nations High Commissioner for Refugees to facilitate Mr. Y Quynh Bdap’s resettlement in a third country. As pledged at the 2nd World Refugee Forum in 2023, Thailand aims to expand cooperation with third countries to find sustainable solutions for various refugee groups in Thailand.
Statement on 14 June 2024
- Peace Rights Foundation
- Cross Cultural Foundation
- Manushya Foundation
- ALTSEAN
- Union for Civil Liberty
- Human Rights Lawyers Association
- Migrant Working Group
