Y Quynh Bdap in traditional costume in a photo taken on April 11, 2024 (Fb)
A Thai court considering whether to extradite a Montagnard who faces terrorism charges in Vietnam has been hearing witness testimonies, including those of the Thai police and Vietnamese police, in a case being closely watched by international rights groups.
Y Quynh Bdap, 32, is a founding member of Montagnards Stand for Justice, which campaigns for the rights of members of abound 30 indigenous minorities from Vietnam’s Central Highlands who say they have faced years of discrimination from authorities.
In January, Vietnam charged Bdap in absentia with terrorism for his alleged role in planning a June 2023 attack on two public agencies in Dak Lak province in which nine people were killed.
Bdap has denied involvement, pointing out that he has been living with his family in Thailand since 2018. However, despite his long stay and being recognized as a refugee by the U.N. High Commissioner for Refugees, he was arrested on June 11 for “overstaying” his visa.
On Monday, the Criminal Court in Bangkok heard witness testimony relating to Vietnam’s extradition request.
At the hearing, the Thai police officer who arrested Bdap told the court he had no choice but to arrest Y Quynh because there was an arrest warrant for him, Bdap’s defense lawyer, Nadthasiri Bergman, told Radio Free Asia.
The court also heard from a representative of the Vietnamese Ministry of Public Security’s Prison Management Department who attempted to dismiss claims from rights groups that Bdap faced torture if sent home and imprisoned.
He said prisons in Vietnam always respect inmates’ human rights, treat them in a civilized way, and allow them to see their families periodically.
Despite the hearing lasting from 2:00 p.m. to 10:00 p.m., Bdap was given limited opportunity to defend himself, according to Bergman.
At an Aug. 1 hearing, he was not allowed in court but had to follow the proceedings from his cell at Bangkok Remand Prison. Bdap complained, and was allowed to attend court the following day in shackles, a treatment he described as “inhumane.”
Two more hearings are scheduled for Aug. 30 and Sept. 2.
On Friday, the International Commission of Jurists, or ICJ, wrote to the Bangkok Criminal Court, urging it not to allow Bdap’s extradition due to his unfair conviction by a Vietnamese court.
Although Thailand and Vietnam have not signed an agreement on the extradition of criminals, Hanoi has asked Bangkok to extradite him and Thai police admitted they had arrested him on Vietnam’s request.
According to the ICJ, the extradition request was aimed at forcing Bdap to serve a 10-year prison sentence under Article 299 of Vietnam’s criminal code.
The ICJ reiterated the views of independent experts, who said Bdap’s trial in absentia did not adhere to international fair trial standards as he wasn’t able to defend himself or have an attorney represent him in Vietnam.
The ICJ also called on Thailand to uphold the non-refoulment principle, to ensure that Thailand did not extradite a foreigner when there were substantial grounds for believing the individual would face serious human rights violations, including torture or forced disappearance, upon their return.
The ICJ said there were strong grounds for believing Bdap was at risk of being tortured, mistreated, or suffering irreparable harm if repatriated to Vietnam. It said prisoners were systematically tortured or treated inhumanely there with only a few perpetrators held accountable even though Vietnam ratified the U.N. Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment in 2015. (RFA)
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August 21, 2024
Thai policeman says ‘no choice’ but to arrest Montagnard
by Defend the Defenders • [Human Rights]
Y Quynh Bdap in traditional costume in a photo taken on April 11, 2024 (Fb)
A Thai court considering whether to extradite a Montagnard who faces terrorism charges in Vietnam has been hearing witness testimonies, including those of the Thai police and Vietnamese police, in a case being closely watched by international rights groups.
Y Quynh Bdap, 32, is a founding member of Montagnards Stand for Justice, which campaigns for the rights of members of abound 30 indigenous minorities from Vietnam’s Central Highlands who say they have faced years of discrimination from authorities.
In January, Vietnam charged Bdap in absentia with terrorism for his alleged role in planning a June 2023 attack on two public agencies in Dak Lak province in which nine people were killed.
Bdap has denied involvement, pointing out that he has been living with his family in Thailand since 2018. However, despite his long stay and being recognized as a refugee by the U.N. High Commissioner for Refugees, he was arrested on June 11 for “overstaying” his visa.
On Monday, the Criminal Court in Bangkok heard witness testimony relating to Vietnam’s extradition request.
At the hearing, the Thai police officer who arrested Bdap told the court he had no choice but to arrest Y Quynh because there was an arrest warrant for him, Bdap’s defense lawyer, Nadthasiri Bergman, told Radio Free Asia.
The court also heard from a representative of the Vietnamese Ministry of Public Security’s Prison Management Department who attempted to dismiss claims from rights groups that Bdap faced torture if sent home and imprisoned.
He said prisons in Vietnam always respect inmates’ human rights, treat them in a civilized way, and allow them to see their families periodically.
Despite the hearing lasting from 2:00 p.m. to 10:00 p.m., Bdap was given limited opportunity to defend himself, according to Bergman.
At an Aug. 1 hearing, he was not allowed in court but had to follow the proceedings from his cell at Bangkok Remand Prison. Bdap complained, and was allowed to attend court the following day in shackles, a treatment he described as “inhumane.”
Two more hearings are scheduled for Aug. 30 and Sept. 2.
On Friday, the International Commission of Jurists, or ICJ, wrote to the Bangkok Criminal Court, urging it not to allow Bdap’s extradition due to his unfair conviction by a Vietnamese court.
Although Thailand and Vietnam have not signed an agreement on the extradition of criminals, Hanoi has asked Bangkok to extradite him and Thai police admitted they had arrested him on Vietnam’s request.
According to the ICJ, the extradition request was aimed at forcing Bdap to serve a 10-year prison sentence under Article 299 of Vietnam’s criminal code.
The ICJ reiterated the views of independent experts, who said Bdap’s trial in absentia did not adhere to international fair trial standards as he wasn’t able to defend himself or have an attorney represent him in Vietnam.
The ICJ also called on Thailand to uphold the non-refoulment principle, to ensure that Thailand did not extradite a foreigner when there were substantial grounds for believing the individual would face serious human rights violations, including torture or forced disappearance, upon their return.
The ICJ said there were strong grounds for believing Bdap was at risk of being tortured, mistreated, or suffering irreparable harm if repatriated to Vietnam. It said prisoners were systematically tortured or treated inhumanely there with only a few perpetrators held accountable even though Vietnam ratified the U.N. Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment in 2015. (RFA)