A/HRC/60/62
permission to attend the Human Rights Council session in Geneva as a representative of
ARTICLE 19. Both applications were rejected by the Court of First Instance.. Her appeal of
9 March 2023 was dismissed for lack of jurisdiction.
132. On 12 March 2024, Ms. Petchnamrob applied again for court permission to travel, this
time to the United States for an in-person programme, which the court denied, citing the
possibility of online participation. As of 9 April 2024, she had filed another request for
permission to attend the same programme.
133. Between 2022 and 2024, several individuals charged under Section 112 were granted
court permission to travel abroad for personal or academic purposes. However, as of the time
of writing, Ms. Petchnamrob’s applications have been consistently denied.
134. The lack of court approval has restricted Ms. Petchnamrob’s ability to engage in
international advocacy on human rights, including with the United Nations. Concerns have
been reported that Ms. Petchnamrob is being targeted in connection with her public advocacy
on human rights, including with the United Nations, and that ongoing restrictions may deter
further participation in human rights forums such as the Human Rights Council.
135. In the second instance, on 14 June 2024, mandate holders addressed allegations
concerning efforts by the Government of the Socialist Republic of Viet Nam to secure the
involuntary or forced repatriation of Vietnamese Montagnards from the Kingdom of
Thailand, and Thailand’s possible cooperation in such efforts, with specific reference to
Mr. Y Quynh Bdap, the co-founder of Montagnards Stand for Justice (MSFJ) and a
refugee recognized by the United Nations High Commissioner for Refugees (UNHCR) since
2019, who is in the process of resettlement to a third country (THA 6/2024) (See Annex I
section on Viet Nam).49
136. On 14 March 2024, the Thai police reportedly accompanied a delegation of several
Vietnamese public security police to neighbourhoods with large concentrations of
Montagnard refugees in Nonthaburi and Nakhon Pathom Provinces. The Vietnamese
delegation asked about the location of the six Montagnards convicted in absentia on
20 January 2024. In that trial, 100 defendants were convicted by a ‘mobile court’ in Viet Nam
in relation to a violent attack on Vietnamese police stations that took place on 11 June 2023
in Dak Lak Province, in the Central Highlands of Viet Nam. They also showed arrest warrants
and photographs of those individuals and declared that they would arrest 100 other
Montagnard activists. Just prior to the visit to Thailand, on 13 March 2024, Viet Nam’s
Minister for Public Security met with the Thai Government to propose a bilateral extradition
agreement. (THA 6/2024).
137. Mandate holders expressed concerns that the Vietnamese authorities may be
exchanging information with the Government of Thailand regarding some of the
Montagnards, including those recognized as refugees, and emphasized the obligation of
Thailand not to return any individual to a country where there is a well-founded fear of
persecution or substantial grounds for believing that the person would be at risk of irreparable
harm on return on account of serious human rights violations (the obligation of nonrefoulement). Mandate holders expressed particular concern about Mr. Y Quynh Bdap, one
of the six convicted in absentia, who has always proclaimed he is innocent of the
abovementioned charges. Mandate holders noted further that Mr. Bdap had fled to Thailand
in 2018, is recognized as a refugee by UNHCR, has undergone two resettlement interviews
with the Government of Canada, the last on 10 June 2024, and is waiting for his case to be
decided (THA 6/2024).
138. On 4 June 2024, Thai police visited Mr. Bdap’s former residence in Bangkok and
questioned neighbours about his whereabouts. On 6 June 2024, Thai police located his new
residence and stationed themselves in front, waiting to arrest him pursuant to an extradition
request from Viet Nam. The National Human Rights Commission of Thailand (NHRCT)
intervened to prevent the arrest and reminded the Police of Thailand’s non-refoulement
49
The allegation of intimidation and reprisals concerning the NGO Montagnards Stand for Justice
(MSFJ) and its founder Mr. Y Quynh Bdap is connected to and should be read in conjunction with the
related allegation concerning the same organization and individual, as detailed in Annex I, section on
Viet Nam.
37