As Bangkok mulls Hanoi’s request to extradite minority rights activist, newly obtained court document reveals allegations about mass trial that convicted 100 people of terrorism

Y Quynh Bdap

Background

The Vietnamese government maintains that on June 11, 2023, 70 people attacked government offices and police stations in Cu Kuin district of Dak Lak province. The attacks left two local officials, four police officers, and three civilians dead. The reaction from the government was swift: ninety-four people were rounded up and detained. Then between Jan. 16-21, 2024, 100 people were tried and sentenced to a combined 700 years in prison in a mass trial. Ninety-eight of those tried were convicted of terrorism.

The case drew renewed international attention when, in June 2024, Vietnam made a request to Thailand for the extradition of Y Quynh Bdap, an Ede activist living in exile in Bangkok. The Vietnamese government claimed that Bdap was one of the leaders of the attacks, even though he was in Thailand at the time. Bdap, who maintains his innocence, was convicted of terrorism in absentia and sentenced to 10 years in prison.

Bdap now faces imminent deportation after a Thai court ruled in late September that there are no legal barriers to extraditing him. The court acknowledged that Thai law prohibits extradition when there is a substantial risk of torture or ill-treatment, although concluded that it did not have the authority to determine whether this risk existed in Bdap’s case. One of the lawyers representing Bdap told Project88 that if no country comes forward to offer him asylum within the next month, then he will almost certainly be extradited to Vietnam. Bdap applied for asylum in Canada but Ottawa stalled his application after Vietnam announced the terrorism charges against him.

To date, the Vietnamese government has made little information about the case against the alleged attackers public. It has not published the criminal investigation report, the indictment, the court decision, or details about Y Quynh Bdap’s alleged role in the attacks. Project88 recently obtained a copy of the court decision (Bản án số: 08/2024/HS-ST), which Hanoi submitted to the Thai court as part of the extradition hearing, and we are publishing it for the first time. Below, we summarize the decision and construct a timeline of events that the decision alleges took place.

Who was tried in the case and what were they convicted of?

The People’s Court of Dak Lak Province convicted 100 defendants in the case. Of these, 98 were convicted of terrorism charges under articles 113 (“terrorism to oppose the people’s government”) and 299 (“terrorism”) of the 2015 Criminal Code. Two others were convicted under Article 348—one for “organizing illegal entries and exits” and one for “providing havens for criminals.”

The defendants were tried in a mobile trial. Mobile trials are held in public spaces to humiliate and shame defendants and are generally considered to violate international legal standards. Vietnam has continued to use mobile trials in recent years, despite claims to the contrary. Journalists from international media organizations were not permitted to observe the trial.

While the majority of the defendants are from the Ede ethnic group, several of those convicted are members of the Mnong and Gia Rai communities. Almost all of the defendants worked as farmhands, and most are Protestants.

Many defendants could only speak indigenous languages and had to rely on interpreters at trial, of which there were only four. Twenty lawyers represented all 100 defendants.

The defendants received prison sentences ranging from nine months to life in prison. Ten defendants were sentenced to life in prison. Another 24 received sentences of more than 10 years in prison.

Among the defendants who were sentenced to life in prison, the court decision reveals that none had completed secondary education—their average amount of schooling was five and a half years.

Arrest warrants were issued for two others who, it is alleged, committed suicide before they could be arrested. Another defendant, Y Bum Bya, died in custody after reportedly being tortured. Hanoi contests the allegations of torture and claims that Bya committed suicide, although has not provided additional details about his detention, including when and for how long he was held.

Key groups

Key groups mentioned in the court decision include:

• The Montagnard Support Group, Inc. (MSGI): MSGI was founded in the US in 2011. It is led by Y Mut Mlo, Y Chik Nie, Y Nien Eya, Y But Eban, Y Chanh Bya, and Y Sol Nie. According to the group, MSGI is a political organization whose mission is to restore the independence of the Dega (Montagnard) Country as a sovereign nation.
• Montagnards Stand For Justice (MSFJ): MSFJ was founded in Thailand in 2019 by Y Phic Hdok, Y Quynh Bdap, Y Pher Hdrue, and other Montagnard activists. Registered in the US, its mission is to advocate for the fundamental rights of the Montagnard people.

While the two groups are independent of each other and have different missions and ideologies, the Vietnamese government has labeled both as terrorist organizations and has often grouped them together in discourse about the Dak Lak attacks.

Y Quynh Bdap was the only defendant named as a member of MSFJ in the court decision. Several of the other defendants, including many of those who received the longest sentences, were named as members of MSGI.

Key individuals

Key figures highlighted by the Vietnamese government in the court decision include:

H Wuen Eban

H Wuen Eban is alleged to have served as the primary recruiter for the Dega Soldiers group. She is accused of being the point of contact for MSGI leadership in the US. She is also alleged to have sent and received funds used to purchase weapons. H Wuen Eban was sentenced to life in prison.

Y Mut Mlo

Y Mut Mlo lives in the US and is a leader of MSGI. He is accused of sending funds to organizers of the attacks in Vietnam, planning the attacks from abroad, and approving the final attack plans. Y Mut Mlo was sentenced in absentia to 11 years in prison.

Y Sol Nie

Y Sol Nie lives in the US and is a leader of MSGI. He is accused of sending funds to militants in Vietnam and of planning the attacks. Nie travelled from the US to Vietnam to lead the attacks and, despite being recalled to Thailand by MSGI leadership, chose to remain in Vietnam. He then passed his command to Y Ju Nie on the grounds that he was ill. The court document states that H Wuen Eban detained Y Sol Nie prior to the attacks out to fear that he would desert. Y Sol Nie was sentenced to life in prison.

Y Ju Nie

Y Ju Nie is accused of being a local leader of the attacks, including scouting attack routes and locations. It is alleged that he took over ground command for the attacks after Y Sol Nie became ill. Y Ju Nie was sentenced to life in prison.

Y Quynh Bdap

Y Quynh Bdap is an Ede activist who has advocated for religious and ethnic minority groups in Vietnam for at least 15 years. Bdap comes from a family of activists. His father, Y Pho Eban, is a Protestant religious leader who has been persecuted for decades. Bdap himself has been arrested a number of times and alleges that he was beaten in 2010 while he was detained. In 2018, Y Quynh Bdap fled to Thailand where he co-founded Montagnards Stand for Justice.

According to the court decision, Bdap is alleged to have helped recruit Dega Soldiers and communicate with Dega Nation leadership– mainly H Wuen Eban– about fundraising and force readiness. Bdap is also accused of advising the group on June 9, 2023, to change their target from a local military garrison to government offices. Y Quynh Bdap was sentenced in absentia to 10 years in prison.

For a full list of defendants, see Appendix A.

What is the alleged timeline of events?

The court document does not say when the defendants started planning the attacks, but it traces the attacks back to the formation of MSGI and MSFJ. Project88 constructed the following timeline based on key events mentioned in the court document:

2011

MSGI was founded in Greensboro, North Carolina. The group is led by Y Mut Mlo, Y Chik Nie, Y Nien Eya, Y But Eban, Y Chanh Bya, and Y Sol Nie.

2015

MSGI began a Facebook campaign to garner support for the Dega Nation.

2017

MSGI reportedly sent H Wuen Eban, a woman in Dak Lak, $400.

Wuen Eban contacted Y Quynh Bdap.

Bdap and Wuen Eban, along with Y Nuh and two Montagnards that had returned to Vietnam, met in Krong Pok, Dak Lak, and sent some photos overseas asking for support for “Dega Country”.

2018

Bdap went to Thailand, where he co-founded MSFJ.

2019

Wuen Eban began recruiting volunteers of Ede, Gia Rai, and Mnong ethnic groups in Dak Lak province; she started a group called Dega Soldiers and began raising funds to buy weapons.

Bdap recruited Y Ba Bya.

2021-2023

Y Sol Nie sent money to Wuen Eban six times, totaling $1,250. She asked for more funds and was promised an additional $5,000 but never received it.

2022

Wuen Eban and several others met at Da Voi (Elephant Rock) in Dak Lak to assess the situation and to give Bdap updates. Bdap told her to continue recruitment efforts.

Y Mut Mlo sent $150 to Krong Pok, which was used to purchase two rifles, 2 kg of lead bullets, and 3 kg of explosives.

2023

By early 2023, Wuen Eban reported to MSGI that she had recruited around 600 Dega Soldiers. Y Mut Mlo told her to continue recruitment and that MSGI would send someone to direct the operation. The following table lists the number of people reportedly recruited by MSGI operatives in different districts:

Recruitment numbers by location as of 2023

District (Dak Lak province)	Local leader	Number of people recruited
Krong Bong	Y Khing Lieng	60
Lak and Krong Ana	Y Krong Pok	250
Cu Kuin	Y Xalem Aul, Y Li Phoch Nie, and Y Phai Bya	160
Buon Ho	Y Man Mlo	8
M’Drak	Y Phen Bya	8
Buon Don	Y Ruk Bya	8
Krong Pac	Y Ju Nie	8
Krong Buk	Y Tho Ayun	30

Tet 2023 (Lunar New Year)

Wuen Eban organized a meeting at Dray Nur that was attended by 20 people. In the meeting, it was announced that the group had received about 94 million dong ($3600) from foreign sources.

Y Bluet Mo, Y Giap Mlo, Y Tim Nie reportedly used 30 million dong to buy 3 guns.

By 2023, the group amassed a total of 12 guns: 5 AR-15s, 5 CKCs, 1 Carbine, 1 AK-style weapon, 550 bullets, and 2 grenades.

March 2023

Flags made for “Dega Nation” and “Dega Soldiers”.

April 2023

MSGI allegedly agreed to send Y Sol Nie back to Vietnam.

End of April, meeting held in Dray Nur: Wuen Eban and others announced that they had raised 25.2 million dong.

Wuen Eban called Bdap, who told her that the amount raised was insufficient.

She appropriated money from other funds, borrowed from Y Van Nie, and added her own cash.

May 2023

Wuen Eban updated Bdap on force readiness.

Bdap presumably told her that if attacks are successful and they have international support, he will return to Vietnam to be directly involved with Dega Soldiers.

May 12, 2023

Y Sol Nie arrived in Thailand where he met with Le Van Tai.

May 15, 2023

Y Bluiet Mlo and Y Li Phoch Nie travelled from Dak Lak to Ho Chi Minh City, where they were picked up by Le Van Nghia, father of Le Van Tai; they paid Nghia 32 million dong for transportation.

May 17, 2023

Y Bluiet Mlo and Y Li Phoch entered Cambodia, where Nghia arranged to have them transported to Thailand.

An unknown man in Thailand, named in the indictment only as Tony, reportedly brought them to Y Sol Nie. No background information is given about Tony regarding his nationality, citizenship, or relationship with MSGI. He is not charged as a witness nor defendant in the court document.

May 23, 2023

Nghia took the three back to Vietnam, for 44 million dong, and rented a car to take them to Buon Ma Thuot.

May 24, 2023

Sol Nie met with Wuen Eban and gave her $1,800, before being introduced to Y Ju Nie. Y Sol Nie ordered Y Ju Nie to scout the surrounding areas. Ju Nie drew up attack routes to a military installation named Garrison 198.

June 6, 2023 – first attack

Meeting: Sol Nie, Wuen Eban, Ju Nie, and others decided to attack Garrison 198 that evening.

Forces gathered that afternoon in Jung Ea and Ea Khur.

23:00: Y Sol Nie commanded 52 people.

By 03:00, those who got lost in the jungle returned to the staging area.

June 7, 2023 – second attack

Early morning: Y Nien Eya of MSGI called from the US and told Y Sol Nie to return to Thailand and direct the operation from there. Sol Nie refused.

Sol Nie excused himself due to “illness” and passed command to Ju Nie.

23:00: Ju Nie commanded 49 people.

01:00: The attackers scaled the walls of Garrison 198, discovered it was well lit and full of soldiers, and so retreated.

June 8, 2023 – final attack

Noon: Wuen Eban told Y Suol Eban to detain Y Sol Nie at a safe house in Buon Ma Thuot in case he tried to desert or defect.

June 9, 2023

Wuen Eban gave Ju Nie Dega flags and made him commander in chief of the operation.

Wuen Eban introduced Bdap to Dega Soldiers via WhatsApp.

Late evening: Y Ba Bya called Bdap to update him on the situation. Bdap advised them not to target Garrison 198 but to choose easier targets, such as government offices.

Wuen Eban suggested to target People’s Committee (government) offices and got approval from Y Mut Mlo (MSGI).

June 10, 2023

Ju Nie and Wuen Eban picked two People’s Committee offices, Ea Ktur and Ea Tieu, as targets.

Meeting in the evening: They called Bdap, who told them to make a video of the Dega Soldiers with flags to be used to garner international support.

Two attack groups were assembled:

• Ea Tieu: leader Y Tim Nie and 35 people
• Ea Ktur: leader Y Tho Ayun and 35 people

June 11, 2023

00:00:

Attack order was given

00:47:

Ea Tieu attack: two party members were killed; during the Dega soldiers’ retreat, a truck driver named Hoang Minh Khanh was killed on the highway.

Ea Ktur attack: three party members were killed at the office; one was injured but escaped. A truck driver named Le Xuan Hong was killed on the highway. A committee head named Nguyen Van Dung was killed in his car. Local party leader Nguyen Van Kien was killed. Another driver, Le Minh Vuong, was also killed.

No Dega members were killed.

June 11, 2023

Tony reportedly hired Nghia to transport Wuen Eban, Sol Nie, Y Ruk Bya, and several others out of Vietnam. Tony and Nghia were both in Thailand at the time.

Nghia flew to Ho Chi Minh City then drove to Buon Ma Thuot. He failed to find Wuen Eban and went back to his home in An Giang, where he was later arrested.

June 12-16, 2023

Police arrested people suspected of being involved in the attacks. Two people allegedly committed suicide before they were caught.

June 17-18, 2023

Y Krong Pok’s homes were searched; a cache of weapons was found.

Jan. 16-21, 2024

One hundred people were put on trial at the People’s Court of Dak Lak Province.

What could happen now?

The US government has cooperated with Vietnam’s investigation, likely due to the alleged involvement of MSGI and MSFJ, which are both based in the US. In addition, the six individuals convicted in absentia are all still believed to be outside of Vietnam. It is unclear if Vietnam is seeking the extradition of these individuals, apart from Y Quynh Bdap.

Many have called for an independent investigation into the Vietnamese government’s handling of the incident, claiming that the government is using the attacks as a pretext to crack down on minority rights activists who were not involved in the attacks.

A report published by the UN Special Rapporteur on counterterrorism noted that “the Ministry of Public Security utilizes terrorism and other criminal code articles to target dissidents, especially those who question the authority and legitimacy of the Communist Party of Vietnam.” And a group of UN human rights experts expressed alarm about the discriminatory misuse of the counterterrorism law by Vietnam against Montagnard indigenous peoples and Christian religious minorities in the country’s Central Highlands, including the targeting of MSFJ.

The Vietnamese government has admitted some culpability in creating the conditions that led to the Dak Lak attacks, but it is unclear what, if anything, it has done to improve the lives of members of ethnic minority groups in the Central Highlands. New policy developments will likely further exacerbate discrimination against these groups. Directive 24, for instance, calls for the creation of a national cultural value system, which would likely elevate Kinh cultural values at the expense of the cultures of ethnic minority groups in the country. And Decree 126 mandates that all associations have Vietnamese language names–including associations of ethnic minority groups.

Y Quynh Bdap remains in custody in Thailand. The Thai court’s ruling on Sept. 30, 2024, gave Thailand 90 days to carry out an extradition. If he is returned to Vietnam, Bdap faces 10 years in prison in a penal system marred with abuses.

Appendix A: People convicted for participating in the Dak Lak attacks

Number	Name of Defendant	Ethnic group	Gender	Year of birth	Charge	Sentence
1	Y Sol Nie	Ede	M	1979	113	Life imprisonment
2	H Wuen Eban	Ede	F	1976	113	Life imprisonment
3	Y Ju Nie	Ede	M	1968	113	Life imprisonment
4	Y Tho Ayun	Ede	M	1987	113	Life imprisonment
5	Y Tim Nie	Ede	M	1997	113	Life imprisonment
6	Nay Yen	Gia Rai	M	1970	113	Life imprisonment
7	Y Chun Nie	Ede	M	1990	113	Life imprisonment
8	Y Giop Mlo	Ede	M	1996	113	Life imprisonment
9	Y Chanh Nie	Ede	M	1996	113	Life imprisonment
10	Y Pho Nie	Ede	M	1985	113	20 years
11	Y Not Siu	Gia Rai	M	1978	113	Life imprisonment
12	Y Dioh Kbuor	Ede	M	1989	113	20 years
13	Y Jol Arul	Ede	M	2000	113	20 years
14	Y Choa Nie	Ede	M	2004	113	18 years
15	Y Gol Ayun	Ede	M	2001	113	18 years
16	Nay Tam	Gia Rai	M	1974	113	19 years
17	Nay Duong	Gia Rai	M	1968	113	19 years
18	Y Thuot Kbuor	Ede	M	1998	113	18 years
19	Y Dar Kbuor	Ede	M	1978	113	20 years
20	Y Nen Mlo	Ede	M	1982	113	18 years
21	Y Thuong Nie	Ede	M	1984	113	17 years
22	Y Khing Lieng	Mnong	M	1992	113	20 years
23	Y Phai Bya	Ede	M	1998	113	16 years
24	Y Ba Bya	Ede	M	1996	113	16 years
25	Y Li Phoch Nie	Ede	M	1995	113	15 years
26	Y Bluiet Mlo	Ede	M	1985	113	16 years
27	Y Wuong Nie	Ede	M	1977	113	8 years
28	Ksor Som	Gia Rai	M	1977	113	13 years
29	Y Chuyen Nie	Ede	M	1978	113	14 years
30	Y Bloh Mlo	Ede	M	1995	113	13 years
31	Y Chi Kbuor	Ede	M	1978	113	7 years
32	Y Khuong Nie	Ede	M	2006	113	7 years
33	Y Dan Nie	Ede	M	1996	113	8 years
34	Y Krong Phok	Mnong	M	1978	113	15 years
35	Y Wol Arul	Ede	M	1988	113	12 years
36	Y Khuik Ayun	Ede	M	1996	113	11 years
37	Y Van Nie	Ede	M	1979	113	10 years
38	Y Khue Nie	Ede	M	1985	113	9 years
39	Y Pa Mlo	Ede	M	1987	113	8 years
40	Y Que Bkrong	Ede	M	1987	113	8 years
41	Y Thoa Nie	Ede	M	1975	113	9 years
42	Y Te Eban	Ede	M	1994	113	8 years
43	Y Ha Mlo	Ede	M	1987	113	7 years
44	Y Ju Ayun	Ede	M	1988	113	7 years
45	Y Khuin Knul	Ede	M	1976	113	7 years
46	Y Suor Edi Nie	Ede	M	1993	113	8 years
47	Y Kac Eban	Ede	M	1984	113	6 years
48	Y Trien Nie	Ede	M	2000	113	8 years
49	Y Khon Nie	Ede	M	1964	113	6 years
50	Y Pol Nie	Ede	M	2002	113	6 years
51	Y Bik Mlo	Ede	M	1989	113	6 years
52	Y Lip Pin Nie	Ede	M	1992	113	7 years
53	Y Dhoan Ayun	Ede	M	1973	113	6 years
54	Y Ruk Bya	Ede	M	1988	299	9 years
55	Y Nguyen Nie	Ede	M	1982	299	6 years
56	Nay Y Bop	Ede	M	1986	299	8 years
57	Y Hual Eban	Ede	M	1970	299	7 years
58	Y Pheo Nie	Ede	M	1992	299	5 years
59	Y Kom Kbin	Ede	M	1993	299	6 years
60	Y Khuen Mdrang	Ede	M	1991	299	6 years
61	Y Bheo Nie	Ede	M	1979	299	7 years
62	Y Hai Nie	Ede	M	1987	299	6 years
63	Y Nu Nie	Ede	M	1996	299	5 years
64	Y Phen Bya	Ede	M	1982	299	5 years
65	Nay Chuk	Gia Rai	M	1977	299	5 years
66	Y Man Mlo	Ede	M	1974	299	5 years
67	Y – Xa Lem Arul	Ede	M	1991	299	6 years
68	Y Klung Kbuor	Ede	M	1972	299	4 years
69	Y Bhieu Hwing	Ede	M	1971	299	5 years
70	Y Wiet Bya	Ede	M	1979	299	5 years
71	Y Suot Eban	Ede	M	1990	299	4 years
72	Y Phi Li Arul	Ede	M	1996	299	5 years
73	Y Suol Eban	Ede	M	1975	299	6 years
74	Y Son Eban	Ede	M	1998	299	4 years
75	Y Sonak Mlo	Ede	M	1974	299	4 years
76	Y Tlop Mlo	Ede	M	1974	299	4 yeas
77	Y Mi Lo Buon Ya	Ede	M	1994	299	4 years
78	Y Bhil Nie	Ede	M	1990	299	4 years
79	Y Konh Ayun	Ede	M	1975	299	4 years
80	Y Luyen Eban	Ede	M	1980	299	4 years
81	Y El Bya	Ede	M	1993	299	4 years
82	Y Vien Ro O	Ede	M	1970	299	4 years
83	Y Un Bya	Ede	M	1973	299	4 years
84	Y Drok Hwing	Ede	M	1968	299	3.5 years
85	Y Au Kpa	Ede	M	2002	299	3.5 years
86	Y Quynh Mlo	Ede	M	1987	299	3.5 years
87	Y Tap Lieng	Mnong	M	1994	299	3.5 years
88	Y Nho Kpa	Ede	M	1990	299	3.5 years
89	Y Tuan Nie	Ede	M	1970	299	5 years
90	Y Ngur Bkrong	Ede	M	1970	299	6 years
91	Y Tri Arul	Ede	M	1992	299	3.5 years
92	Y Nit Nie	Ede	M	1972	299	5 years
93	Y Mut Mlo	Ede	M	1960	299	11 years
94	Y Chik Nie	Ede	M	1968	299	9 years
95	Y Nien Eya	Ede	M	1978	299	9 years
96	Y But Eban	Ede	M	1985	299	9 years
97	Y Chanh Bya	Ede	M	1984	299	9 years
98	Y Quynh Bdap	Ede	M	1992	299	10 years
99	Y Cing Bya	Ede	M	1991	389	9 months
100	Le Van Nghia	Kinh	M	1956	348	2 years

© 2024 The 88 Project