Yesterday, July 15, 2024, at 9.00 a.m., the Bangkok Criminal Court postponed the extradition inquiry of Mr. Y Quynh Bdap, a Vietnamese religious freedom activist and refugee, to August 1 and 19, 2024. During the upcoming hearings, on August 1, the court will hear from four witnesses presented by the prosecutors (petitioner) and on August 19, four witnesses presented by the defense (respondent). The court’s decision will determine whether Mr. Bdap will be extradited to Vietnam.
Mr. Y Quynh Bdap, a Vietnamese refugee and prominent advocate for religious freedom among minority ethnic groups, founded Montagnards Stand for Justice (MSFJ) to train Montagnards in Vietnam on Vietnamese and international law, civil society, and how to collect and report information on religious persecution to the United Nations and international community. Mr. Bdap has helped to prepare many reports for the United Nations on religious persecution in Vietnam and these reports have formed the basis of “allegation letters” issued by the United Nations. After fleeing to Thailand in 2018, he was granted refugee status by the UNHCR. On June 11, 2024, Mr. Bdap was arrested by Thai immigration police following a terrorism conviction in absentia by a Vietnamese court related to an attack in Dak Lak province in June 2023. Mr. Bdap has vigorously denied that he was in any way involved in the attack, maintaining his human rights advocacy is peaceful and non-violent. Concerns have been raised over his potential extradition to Vietnam, where he may face torture, inhumane treatment, and enforced disappearance.
During yesterday’s hearing, the criminal court relocated the proceedings from courtroom 807 to 701 to accommodate approximately 50 trial observers. These observers included representatives from civil society organizations, the National Human Rights Commission of Thailand, and the international community, including representatives from several embassies, the European Union, and OHCHR. Additionally, the prosecutors informed the court that nine high-level Vietnamese state security officials were present to observe the trial.
Mr. Bdap’s lawyer requested the postponement, citing the late receipt of the extradition application, in the language that he understands, and restricted visitation times, which hindered preparation for the inquiry. Mr. Bdap’s lawyer informed the court that Mr. Bdap, who is currently incarcerated, only received the prosecutors’ application for extradition on July 10, 2024, due to the prison’s regulations for reviewing documents in foreign languages. Additionally, as a new foreign detainee, Mr. Bdap is allowed only 20-minute visits per day with his lawyers, making it difficult for them to prepare adequately for the inquiry process in such a limited timeframe. As a result, due to the contentious and complex nature of this case, and to ensure Mr. Bdap’s rights to a fair trial are in accordance with Section 18, paragraph two of the Extradition Act, B.E.2008, the court has decided to postpone the inquiry to August 1 and 19, 2024.
The Cross Cultural Foundation and the Network of Human Rights Organizations invite the press, public, and civil society organizations to closely monitor the upcoming inquiry hearings to ensure a free and fair trial for Mr. Bdap. Furthermore, international cooperation in criminal cases must be conducted transparently and with full accountability to prevent transnational repression, a grave and systematic human rights violation facilitated through inter-state cooperation.
[…] a Thailand-based organization founded by human rights defenders and political activists, reported that around 50 observers, including foreign diplomats and representatives from the Office of the […]