Mr. Y Quynh Bdap

Cases
Location of case in SG report
2025-163-001
Relevant SG report
Year of the report
2025
Country Geolocation

Latitude: 14.058324

Longitude: 108.277199

Country Geolocation (linked Cases)
Vietnam
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
14 June 2024
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Type of rights defended
  • Indigenous peoples’ rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Engagement with UN body
  • Unclear
Type of attempted engagement
  • Unclear
Dates of mentioned reprisals
20 January 2024,
Location of mentioned reprisals
Vietnam
Reprisal information
  1. On 20 January 2024, Mr. Y Quynh Bdap, one of the six individuals convicted in absentia on charges of ‘terrorism’ under article 299 of the 2015 Criminal Code, was sentenced to 10 years in prison. Mr. Bdap had been recognized as a refugee by UNHCR in 2019 and is waiting for resettlement from Thailand to a third country (VNM 4/2024).
Types of reprisals suffered
  • Charge/Investigation/Prosecution: Charge/Investigation/Prosecution - General
  • Charge/Investigation/Prosecution: Conviction
  • Charge/Investigation/Prosecution: Trial
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Further case development
  1. On 14 June 2024, special procedure mandate holders raised concerns about reprisals for cooperation with the United Nations in relation to the listing of Montagnards Stand for Justice (MSFJ) as a terrorist organization and the trial, conviction and sentencing in absentia of its co-founder, Mr. Y Quynh Bdap, as part of a mass trial of 100 individuals, mostly indigenous Montagnards, on terrorism related charges in the Dak Lak Province in Viet Nam. The mass trial and listing were reportedly a response to the lethal attack of 11 June 2023 on two police stations in Dak Lak province (VNM 4/2024) (See Annex I section on Thailand).
  2. With reference to Mr. Bdap’s conviction and MSFJ listing as a terrorist organization, mandate holders recalled relevant Human Rights Council resolutions, affirming the right to unhindered access to and communication with the United Nations and urging States to refrain from acts of intimidation or reprisals and to take all appropriate measures to prevent them. They also emphasized that MSFJ had regularly and publicly engaged with the United Nations human rights system, including its human rights mechanisms, and warned that its designation as a terrorist organization effectively criminalizes any Vietnamese citizen – inside and outside the country – who engages with MSFJ’s human rights work and advocacy, including at the United Nations (VNM 4/2024).
  3. Mandate holders underlined that the listing of MSFJ, as an organization based outside of Viet Nam and the practice of visiting Thailand to seek the return of one member of MSFJ convicted in absentia in relation to the 11 June 2023 attack is a form of transnational repression. They stated that any bilateral extradition agreement with Thailand must fully respect the obligation of non-refoulement.(VNM 4/2024).
  4. On 8 November 2024, the Government responded to mandate holders noting that the designation of MSFJ as a terrorist organization by the Ministry of Public Security on March 2024 was based on the ruling of 20 January 2024 by the Dak Lak Provincial Court and that it was not based on ethnic or religious discrimination. It also stated that Mr. Bdap, as the commander of the terrorist organization, had led the “Degar Soldiers” group to attack the People’s Committee offices in Dak Lak Province and informed of his conviction and sentence of 10 years’ imprisonment under Article 299 of the Penal Code.
  5. On 20 January 2024, Mr. Y Quynh Bdap, one of the six individuals convicted in absentia on charges of ‘terrorism’ under article 299 of the 2015 Criminal Code, was sentenced to 10 years in prison. Mr. Bdap had been recognized as a refugee by UNHCR in 2019 and is waiting for resettlement from Thailand to a third country (VNM 4/2024).
  6. On 6 March 2024, MSFJ was listed as a terrorist organization on the accusation that it had engaged with the ‘Degar Soldiers’ group to carry out the 11 June 2023 attack, in order to establish a ‘Degar State’ with ‘terrorism’ or ‘supporting terrorism.’ MSFJ denied involvement in terrorism or the attack of 11 June 2023 and views the designations as a pretext for suppressing Montagnard groups in exile that document and expose human rights violations against Montagnards in Viet Nam (VNM 4/2024).
  7. Following the listing, the authorities reportedly warned that “anyone who engaged in, propagated, enticed, incited others to participate, sponsored or received sponsorship, or participated in training courses organized by’ MSFJ, or followed its direction, would be charged with terrorism or supporting terrorism”. On 14 March 2024, a delegation of Vietnamese public security police went to neighbourhoods with large concentrations of Montagnard refugees in Nonthaburi and Nakhon Pathom Provinces, accompanied by Thai police. The Vietnamese delegation asked about the location of the six Montagnards convicted in absentia in the 20 January 2024 trial, showing their photographs and arrest warrants, and warned the refugees not to hide people being searched for by the Vietnamese police. (VNM 4/2024)
  8. The Government clarified that based on Viet Nam’s request, on 11 June 2024, Thai Royal Police arrested Mr. Y Quynh Bdap for illegal immigration and terrorism and that the criminal judgement from 20 January 2024 had been submitted to Thailand’s Criminal Court for extradition proceedings. It informed further that on 13 June 2024, a Thai prosecutor filed an extradition case with Bangkok Criminal Court, based on an extradition request from Viet Nam. On 30 September 2024, Thailand’s Criminal Court ruled in favour of extraditing Mr. Y Quynh Bdap to Viet Nam. The Government stated further its position that Mr. Y Quynh Bdap should be extradited to Viet Nam to serve his sentence.
  9. On 14 June 2024, mandate holders addressed accusations made by Vietnamese authorities against the NGO Boat People SOS (BPSOS), based in the United States and Thailand, of “terrorism” in response to its advocacy for religious freedom in Viet Nam (VNM 4/2024). BPSOS’ advocacy includes active engagement with the United Nations and its human rights mechanisms on the human rights situation in Viet Nam. During the reporting period, BPSOS engaged with special procedures and submitted several reports to human rights mechanisms, including joint reports for the adoption of the list of issues prior to Viet Nam’s review by the Human Rights Committee, to the Universal Periodic review of Viet Nam, and to the Committee Against Torture concerning Viet Nam in the context of Thailand’s review.
  10. On 14 February 2025, a few months after BPSOS submissions to human rights mechanisms were made public on OHCHR’s website, the Ministry of Public Security of Viet Nam publicly announced on its website and on social media that BPSOS was involved in “terrorism” and “works closely with MSFJ, that had carried out the terrorist attack on 11 June 2023 in Dak Lak Province.”
  11. BPSOS denies involvement in terrorism and views the designation as a pretext for further suppressing Vietnamese groups in exile, particularly those that document and expose human rights violations against ethnic and religious minorities and Indigenous Peoples.
Government response dates
31 July 2025
Government response content
  1. On 31 July 2025, the Government responded to the note verbale sent in connection to the present report, reaffirming its Human Rights Policy, expressing readiness for dialogue and information sharing with the UN and requesting a reassessment of the credibility of the sources of the allegations and to exclude the allegations from the report.
  2. With regard to MSFJ, Mr. Bdap and BPSOS, the Government objected to the use of the term “Montagnard” in United Nations official documents to refer to any ethnic group in Viet Nam, citing its colonial and discriminatory origins. It highlighted its counter- terrorism legal framework and stated that it has credible evidence of MSFJ’s terrorist nature and Mr. Bdap’s direct role in the 11 June 2023 Dak Lak attack, which resulted in the killing of nine people, the injury of two others, and significant property damage. The Government noted MSFJ’s designation as a terrorist organization on 6 March 2024, based on a court judgement issued on 20 January 2024. The Government further stated that BPSOS incited hatred and supported individuals and organizations acting against Viet Nam, including MSFJ and its members post designation, while purporting to provide refugee assistance.
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No