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obligations under international and domestic law. On 11 June 2024, Thai police arrested
Mr. Bdap under the Immigration Act and placed him in judicial custody at the Bangkok
Remand Prison.
139. Mandate holders stated that there are reasons to believe that this arrest was made in
connection with an extradition request from Viet Nam regarding his 10-year prison sentence
for terrorism and that if he is forcibly returned to Viet Nam, his life and bodily integrity may
be at risk (THA 6/2024).
140. Mandate holders underlined that some of the Montagnards refugees are actively
involved in NGOs in exile that advocate for the protection of the human rights of Montagnard
indigenous and religious minorities in Viet Nam. They referred specifically to MSFJ and its
engagement with the United Nations human rights mechanisms, including with the Universal
Periodic Review and treaty bodies.
141. Mandate holders requested the Government to take effective measures to ensure that
the Vietnamese authorities do not hinder the legitimate activities of Montagnard groups in
Thailand in defence of human rights in Viet Nam, including by engaging with the United
Nations and recalled the prohibition on refoulement under international human rights law,
where there are substantial grounds for believing that the returnee would be at risk of
irreparable harm (THA 6/2024).
142. According to information received by OHCHR during the reporting period, the Thai
public prosecutor filed an extradition request on 13 June 2024. On 12 July 2024, the Deputy
Attorney General and prosecutors from International Affairs Department of Thailand met
with Viet Nam’s Director-General of the Department of Internal Security, along with the
delegation from the Ministry of Public Security of the Socialist Republic of Viet Nam, to
discuss an exchange of information regarding cooperation in handling extradition requests.
143. Reportedly, on 30 September 2024, the Criminal Court of Bangkok delivered its
verdict on the extradition request for Mr. Y Quynh Bdap. The Court found that there were
sufficient grounds to proceed with extradition under Section 19 (1), (2), and (3) of the
Thailand Extradition Act (2008) and ordered that Mr. Bdap be detained pending the execution
of the extradition request. On 15 February 2025, Mr. Bdap’s lawyer filed an appeal and the
case is pending.
144. On 1 August 2025, the Government responded to the note verbale sent in connection
to the present report.
145. Regarding Ms. Petchnamrob and her conditional temporary release, including the
prohibition on traveling abroad, the Government noted that Ms. Petchnamrob’s case remains
under judicial consideration. Therefore, it falls within the discretion of the court to determine
whether such permission will be granted, which may include taking into account the nature
of the offense, the severity of the possible penalty, and the risk of flight.
146. Regarding Mr. Y Bdap the Government noted that his arrest warrant had been issued
in accordance with the Extradition Act B.E. 255. It stated that the 12 July 2024 meeting
between Thailand’s Deputy Attorney General and Viet Nam’s delegation from the Ministry
of Public Security was a courtesy call. It also noted that Mr. Bdap’s lawyer deposited an
appeal on 14 February 2025.
147. The Government further stated that Thailand had received written assurance from the
Minister of Public Security of Viet Nam that, if extradited to Viet Nam, Mr. Bdap would not
be subjected to torture, intimidation, assault, harassment or any forms of physical or mental
harm. Viet Nam had also reassured the Government of Thailand that Mr. Bdap would be
protected from any forms of discrimination, cruel, degrading, and inhuman treatment, and
that his human rights would be protected in accordance with Viet Nam’s domestic laws and
international obligations. The Government added that in extradition cases, the ruling of the
Court of Appeal is final.
22.
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148. During the reporting period, OHCHR documented several allegations of intimidation
and reprisals for cooperation with the United Nations as described below.
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