Thailand: Hold Officials Accountable For Forced Return Of Uyghur Refugees To China

(BANGKOK, February 28, 2025)—Thai officials who reportedly forcibly returned Uyghur refugees to China in violation of Thai and international law should be held legally accountable, said Fortify Rights today. According to multiple sources, including the U.N. High Commissioner for Refugees, Thai immigration authorities at Suan Phlu Immigration Detention Center (IDC) in Bangkok returned an estimated 40 Uyghur refugees to China yesterday.

“Forcibly returning Uyghur refugees to China, where they face persecution and genocide, is a horrendous violation of international and domestic law,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “Thai officials must be held accountable under the anti-torture law for their role in these returns.”

At approximately 2 a.m. on February 27, 2025, several trucks with black tape completely covering their windows were reportedly spotted leaving the Suan Phlu IDC, where Thai authorities have detained Uyghur refugees in deplorable conditions for more than ten years. At 4:48 a.m. on the same day, a China Southern Airlines flight departed Don Mueang Airport, arriving six hours later in Kashgar in China’s Xinjiang Region, according to Flight Radar 24–a global flight tracking service.

Thai authorities responded to the return of these Uyghur refugees with vague and contradictory statements. Defense Minister and Deputy Prime Minister Phumtham Wechayachai claimed that China had “assured” the Thai government that the returnees would be “looked after” and insisted the authorities conducted the return “in accordance with international standards.” Meanwhile, Prime Minister Paethongtarn Shinawatra stated earlier that she had “not been made aware” of the return but maintained that any country must “adhere to laws and human rights.”

Several human rights organizations as well as the U.N. Office of the High Commissioner for Human Rights have long accused the Chinese government of committing systematic human rights violations against Uyghurs, a predominantly Muslim ethnic minority of more than 10 million people in Xinjiang Region—allegations that the Chinese government denies. Human rights organizations have extensively documented China’s mass detention and forced labor of Uyghur Muslims and provided evidence of genocide against them.

At the time of writing, specific details about this forcible return from Thailand remain unclear, including exactly how many Uyghurs in total Thai authorities returned as well as the whereabouts and well-being of the returned Uyghurs.

Under international and domestic law, Thailand has a legal obligation to prevent forced returns or refoulement. The principle of non-refoulment is considered customary international law and binding on all states. Under this principle, states are prohibited from returning refugees or asylum seekers to a country where they may face persecution, torture, or serious harm. States are obligated to assess the risks of torture, persecution, or other serious human rights violations before facilitating any transfer of a person to another country. This duty exists regardless of whether the person has expressed a protection concern or requested protection from the state.

Section 13 of Thailand’s Prevention and Suppression of Torture and Enforced Disappearance Act states, “No government organizations or public officials shall expel, deport, or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman, or degrading treatment, or enforced disappearance.” Officials playing any role in the forced return of refugees can be punished under Section 157 of the Thailand Criminal Code, which states, “Whoever, being an official, wrongfully exercises or does not exercise any of his functions to the injury of any person…shall be punished with imprisonment of one to ten years or fined of twenty thousand to two hundred thousand Thai Baht, or both.”

On October 9, 2024, U.N. member states elected Thailand to the U.N. Human Rights Council, an intergovernmental body responsible for promoting and protecting human rights worldwide. The U.N. General Assembly resolution establishing the Council states that elected members “shall uphold the highest standards in the promotion and protection of human rights.”

“Thailand’s actions in this case go against everything the U.N. Human Rights Council represents,” said Matthew Smith. “States that value human rights should urgently engage the Thai authorities, and if there is no accountability for this grave injustice, they should reassess their engagement with Thailand. This horrendous act cannot stand.”

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