On August 30 and September 2, 2024, in Courtroom 807 of the Criminal Court on Ratchadaphisek Road, the examination of all respondent witnesses in the extradition case of Mr. Y Quynh Bdap, a Vietnamese refugee and advocate for religious freedom, was completed. The court has scheduled the hearing for the verdict for September 30, 2024, at 1:00 PM.
During the witness examination on August 30, 2024, at 1:00 PM, only the respondent’s attorney questioned the witnesses, which included Mr. Bdap as a witness and an expert witness. This examination concluded at 3:25 PM, and the cross-examination of both witnesses was postponed to September 2 due to the petitioner’s inability to conduct cross-examination on that day.
Subsequently, on September 2, 2024, at 9:00 AM, the cross-examination by the prosecutor began with Mr. Bdap and the first expert witness. This was followed by the examination and cross-examination of two more witnesses for the respondent, who were also human rights experts. The hearing concluded at 5:45 PM.
Both the petitioner (the public prosecutor) and the respondent’s lawyer (representing Mr. Bdap) stated their intention to submit closing arguments within 15 days from September 2, 2024. The court has scheduled the hearing for the verdict on September 30, 2024. According to the court docket issued at the conclusion of the hearing, the reason for the “extended scheduling” is due to the complexity of the case and that the court has multiple judgments and orders to consider.
The witness examinations on August 30 and September 2, 2024, were conducted in Courtroom 807, with only the involved parties permitted to sit in the courtroom. Trial observers were accommodated in Courtroom 701, where they could view the proceedings via video conference. On both days, approximately 30-40 trial observers attended, including representatives from human rights organizations, international bodies, and a significant number of Vietnamese officials, who made up the majority of the observation room.
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. 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.
The verdict in this extradition case has the potential to set a significant legal precedent for the application of Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (Anti-Torture Act). The Anti-Torture Act prohibits government organizations or public officials from expelling, deporting, or extraditing a person to another country where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman, or degrading treatment, or enforced disappearance. Mr. Bdap is a refugee recognized by the United Nations High Commissioner for Refugees (UNHCR) and has a pending resettlement case to a third country. Additionally, various international agencies, including the United Nations, have issued statements and expressed concerns regarding the potential return of Mr. Bdap to Vietnam.The Cross Cultural Foundation and the Network of Human Rights Organizations invite the press, public, and civil society organizations to closely monitor the upcoming verdict in this case, scheduled for September 30, 2024, at 1:00 PM in Courtroom 807 at the Ratchada Criminal Court (with observation available in Courtroom 701). This presence is crucial to ensure that the government is Thailand is aware that Mr. Bdap’s case is being closely observed by civil society in Thailand and the international community. If the Thai government proceeds with his extradition, Mr. Bdap’s case may be an example of transnational repression, and such an action would contravene the principle of non-refoulement as outlined in Section 13 of the Anti-Torture Act.
