13 October B.E. 2558 (2015)

Re: Objection to the Process and Request for Fair Treatment in
regards to Additional Evidence

Attention: The Prime Minster (General Prayut Chan-o-Cha) and
Minister of the Ministry of Finance

Reference:

(1) Order of the Ministry of Finance No. 448/2558 dated 3 April
B.E. 2558 (2015) Re: Appointment of Tort Claims Investigation Committee

(2) Copy of the Criminal Lawsuit, the Supreme Court, Criminal
Offense of Political Person Division, Black Case No. Or. Mor. 22/2558

(3) Letter of Miss Yingluck Shinawatra to the Minister of the
Ministry of Finance on subject: Request for Fair Treatment and Objection to the
decision of the NACC Committee ordering the Ministry of Finance to demand
damages from the Rice Subsidy Scheme dated 24 February B.E. 2558

(4) Letter of Miss Yingluck Shinawatra to the Permanent
Secretary of the Ministry of Finance on subject: Request for Fair Treatment and
Objection to the NACC Committee ordering the Ministry of Finance to demand
damages from the Rice Subsidy Scheme dated 24 February B.E. 2558

(5) Letter of Miss Yingluck Shinawatra to Dr. Visanu Krua-ngarm,
the Deputy Prime Minster on subject: Request for Fair Treatment and Objection
to the NACC Committee ordering the Ministry of Finance to demand damages from
the Rice Subsidy Scheme dated 24 February B.E. 2558

(6) Letter of Miss Yingluck Shinawatra on subject of Providing
Facts and Information on the Rice Subsidy Scheme for a period of 5 years from
2554/2555-2556-2557 to Mr. Jirachai Moonthongroy, Chairman of the Tort
Liability Investigation Committee (and to the entire committee) dated 2
September 2558

(7) Letter of Miss Yingluck Shinawatra on the subject of
Objection to the role and involvement and Request to Suspend further activity,
to Mr. Jirachai Moonthongroy, Chairman of the Tort Liability Investigation
Committee (and the entire committee) dated 2 September 2558

(8) Letter of Miss Yingluck Shinawatra to General Prayut
Chan-o-cha on the subject of Objection to the Appointment of Tort Liability
Investigation Committee dated 2 September 2558

(9) Letter of Miss Yingluck Shinawatra to Mr. Jirachai
Moonthongroy, Chairman of the Tort Liability Investigation Committee on the
subject of Request to make copy of evidence of the Tort Liability Committee and
Request that all activities be suspended, dated 17 September 2558

(10) Letter of Miss Yingluck Shinawatra to General Prayut
Chan-o-cha, the Prime Minister, requesting the cancellation of the Order made
according to the Order of the Ministry of Finance No. 448/2558 regarding the
appointment of the Tort Liability Investigation Committee and demand that the
committee act in neutral, dated 17 September 2558.

(11) Letter of Miss Yingluck Shinawatra to Mr. Jirachai
Moonthongroy, Chairman of the Tort Liability Investigation Committee, delivery
the witness statement of relevant witnesses, dated 21 September 2558.

(12) Letter of Miss Yingluck Shinawatra to Mr. Jirachai
Moonthongroy, Chairman of the Tort Liability Investigation Committee,
requesting the Tort Liability Investigation Committee to allow the submission
of facts and to counter various accusations, dated 21 September 2558.

Reference is made to Order of the Ministry of Finance No.
448/2558 dated 3 April 2558 appointing the Tort Liability Investigation
Committee (as referred to in (1) above) claiming that the NACC issued decision
to the Ministry of Finance to enforce myself and other persons to liable to any
damages occurred under the Rice Subsidy Scheme of my government. Such Order of
the NACC was made under Section 73/1 of the Counter Corruption Crime Act B.E.
2542 (as amended); and, further, the NACC claimed that the Ministry of Finance
is the injured party in this case which were caused by action of various
government officers; and such decision was made under the Regulation of the
Office of the Prime Minister on the tort actions done by government officer
B.E. 2539.

The Order of the Ministry of Finance No. 448/2558 (referred to
in (1)) which you and Mr. Sommai Pasee (the then Minister of the Ministry of
Finance) approved such Order claiming that it was done in accordance with the
Tort Liability of Government Officer Act B.E. 2539. However, the said Order is
unlawful which I have consistently objected (as referred to in (1)-(12)) and
will continue to object especially since I am not government officer under the
command of the Prime Minister nor the Minster of the Ministry of Finance.
Furthermore, in your capacity as the Chairman of the Rice Management and Policy
Committee expressed on many occasions negative attitudes and comments to the
Rice Subsidy Scheme of my government. Therefore your role has been in a clear
conflict of interest and bias to use the executive power to investigate the
actions of the past government. Your actions have been and will be contrary to
the rules of laws principle.

Further, the intention of the law is to apply in the case where
government officer(s) committed a tort to third party or to the government
office during his or her exercise of duty.

Therefore, the Tort Liability of Government Office Act cannot
apply in my case since I was elected the Prime Minister with duty and power
under Section 171 of the Constitution of the Kingdom of Thailand B.E. 2550. My
government declared the Rice Subsidy Scheme as government’s policy to the
parliament which, by nature, was the agricultural economic stimulus plan in the
same manner as the Tapioca Subsidy Scheme. This kind of government policy must
be held accountable politically, not as government officer with duty according
to specific regulations. The Administrative Court does not have jurisdiction
over government policy issue. Therefore, I cannot be held liable under the Tort
Liability of Government Officer Act.

Furthermore, Section 4(1) of the Administrative Procedure Act
B.E. 2539 clearly states that this Act shall not apply to “the Parliament and
the Cabinet”; whereas Section 4(3) also clearly states that the Act shall
neither apply to “any decision of the Prime Minister or the Minister regarding
the policy”. Therefore, since the accusation made under the Order referred to
in (1) was the implementation of the Rice Subsidy Scheme as the government
policy, the Administrative Procedure Act cannot be applied. Pheu Thai Party’s
main election campaign was the Rice Subsidy Scheme and myself, as the head of
cabinet, declared the scheme to the parliament so I was bound to implement such
government’s policy.

The actions taken by myself as the Prime Minister and as the
Chairperson of the National Rice Policy Committee were a “general conduct”
which is not the administrative nor executive action. The issue of the Order of
the Ministry of Finance No. 48/2558 therefore was unlawful and shall not be
enforced. The person approving such unlawful order shall be held liable.

Though such Order No. 448/2558 is unlawful and unenforceable,
any further implementation shall not be made. I hereby oppose to any such
continuing unlawful activity.

Further, since such Committee claimed that it has power and
authority under the Regulation of the Office of the Prime Minister on
Procedures for Tort Liability of Government Officer, under Section 15 of the
said Regulations which the Investigation Committee are obliged to comply,
states that “the Committee shall provide sufficient and fair opportunity to the
relevant officer(s) to submit facts and evidence to support his/her claim.” The
Committee did not comply with your instruction nor the Regulations since they
rejected my request to submit additional witnesses and documents. Please refer
to details in documents referred to in (1)-(12) above. I requested the
Committee to investigate my witness which was unreasonably denied. The
investigation was not made carefully and thoroughly. While your government
announced to the public that the statute of limitation of this case is one and
a half year so the rushing into conclusion by the Committee without allowing
myself to submit my witnesses and evidence is unlawful. If you approve or
endorse such unlawful decision, you will be held liable too.

The Order No. 448/2558 also cited that such Order was issued due
to the criminal investigation by the NACC. Since the NACC has initiated
criminal action against me in the Supreme Court; Criminal offence of political
person division, the Committee shall not take any further action on the tort
until there is a final court judgment which is normal procedure for criminal
offence related tort claims. However, the Committee concluded the investigation
before the criminal case is finalized. Such unlawful decision of the Committee
will cause you liability.

I would like to insist that the implementation of the
government’s policy by my government is not a crime and I shall not be held
liable for tort. All the above facts and laws confirm that I did not commit any
wrongdoing.

I request that you, as the Prime Minister, and together with the
Minister of the Ministry of Finance kindly consider and concede that it is
unlawful for the Committee to issue any order that I shall be held liable for
the damages amount of five hundred billion Baht. Please be aware that it is
unlawful to exercise under power under Section 57 of the Administrative
Procedure Act as Dr. Visanu Krua-ngarm, the Deputy Prime Minister, announced
publicly. If your government decide to pursue the unlawful choice as suggested
by Dr. Visanu instead of filing a civil complaint as allowed by laws, it is not
only illegal but unfair and selective standard. In the precedent case of former
governor of Bank of Thailand, Mr. Ruengchai Marakanond, the government took
legal action through civil complaint instead of using Section 57 of the
Administrative Procedure Act.

With this letter, “I object to any action to use Section 57 of
the Administrative Procedure Act as such action will be unlawful, unfair and
double standard.”

I hereby
(1) object the Order No. 448/2558 and demand that I be treated with fairness by
asking you to cancel the orders made under such Order and cancel all activities
of such Committee.

(2) if the unlawful activity under (1) above continues, I demand
you strictly and diligently supervise all actions of the Committee to fully
comply with the relevant regulations and particularly, allowing opportunities
to submit facts, evidence and witnesses.

Please review these matters appropriately.

Sincerely,
Yingluck Shinawatra

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