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).

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).

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).

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.

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).

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).

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)

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.

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)