จดหมายเปิดผนึกยิ่งลักษณ์ ถึงประยุทธ์ จันทร์โอชา

Open Letter

To: General Prayuth Chan-ocha,

Head of the National Council for Peace and Order

https://www.facebook.com/Y.Shinawatra/photos/a.106877456023385.4057.105044319540032/1093227190721735

Open Letter

To:    General Prayuth Chan-ocha,

Head of the National Council for Peace and Order

I am writing an open letter to you because I haven't had the opportunity to communicate with or meet you in person since you came into power as the Head of the National Council for Peace and Order (NCPO) and the Prime Minister over a year ago on 22 May 2014.  Since then, I have been continuously mistreated related to the "Rice Subsidy Scheme", which I had declared to the parliament on many occasions;

1.     National Legislative Assembly (NLA) impeached and removed me from the position of Prime Minister although at the time I was not in that position because I had already resigned and also was disqualified of the position by the Constitutional Court.

2.     The Attorney General held a press conference stating his decision to indict and prosecute me to the Supreme Court's Criminal Division for Persons Holding Political Positions just a mere "one hour" before NLA's impeachment.

You may reject an issue and state that these are not relevant to your responsibility since these two matters are in the hands of the NLA and the Attorney General. However, the following matter will be in your direct authority.

Regarding the Order no.448/2558 signed by you and the Minister of Finance dated April 3rd, 2015 under the subject of "the Appointment of the Fact Finding Committee", you have appointed a committee to find out whether anybody must be responsible to pay compensation to the government for the damages incurred from the Rice Subsidy Scheme. In this matter, you spoke to the press insisting that if someone was found responsible for damages, compensations must be claimed.

You also emphasized that "if the fact finding indicates that if someone is guilty, then the conclusion is guilty. If the fact finding suggests otherwise, then the conclusion would be not guilty. If guilty, the due process shall be followed in filing for civil claim. Single standard is applied for all parties to ensure justice in an equitable manner." 

I sincerely hope you assigned the Fact Finding Committee to investigate the case under due process of law to provide "Justice" and adhere strictly to the due process without any unnecessary acceleration to conclude the findings. I hope that you will ensure fair and just opportunity for related persons to present evidences.  

I feel worried because one of your legal advisors had publicly stated that it was conducive to claiming damages in the civil case which would cost enormous court fees to the government although the way normally used to claim for damages and to bring the case to the court is the best way to maintain justice.

However, your legal advisor tried to "misinterpret the law and legal mechanism" to claim for damages by advising you to issue administrative order, forcing me to pay for damages and to seize my asset just to avoid the court fees. By exercising the Administrative Order, you do not even have to consult the cabinet. It means that you are using your power as if you were a judge while the criminal case trial is still under the legal process in court.          

I am making this statement as the former Prime Minister who was in charge of the Rice Subsidy Scheme that was aimed at enhancing the living conditions of the Thai farmers, who are responsible for the production of our nation's commodity. The scheme was also vital in addressing issues in the rice price and market mechanism. I performed my duties with the utmost dedication to ensure that it led to the economic and social advancement of the nation. The scheme was managed under the position of Chairman of National Rice Policy's Committee during my term as it is with you in the same position today. 

I believe all people are entitled to a fair trial in court which is fundamental to the rule of law. The Rice Subsidy Scheme was a public policy that was declared to the parliament and the implementation of the scheme was compulsory administrative act. The Scheme legally binds all related government departments to its execution. Therefore, the claim process of civil charge must be transparent and fair. You, as the Prime Minister and as the Chairman of National Rice Policy Committee, are currently addressing rice issues in disagreement of my rice policy. This means that you are a "stakeholder" and cannot possibly offer "unbiased" views on the matter. Therefore, exercising the Prime Minister power as a judge to order a civil claim without the court's decision is definitely against the rule of law.

To proceed in accordance to the rule of laws, I propose to you as follow: 

1.     Reconsider and terminate any executions regarding the Rice Subsidy Scheme's civil claim proposed by your legal advisors and signed by the Prime Minister and the Chairman of the National Rice Policy Committee at the present which are unfair and is subject to conflicts of interest. 

2.     After the court's ruling in the criminal case, the government should file a civil claim through the court in order to be just to the accused if found guilty.

3.     The trial at the Supreme Court's Criminal Division for Persons Holding Political Positions is still not final. Your legal advisor stated that the case's statute of limitation still have enough ongoing time. The government should not accelerate or shortcut the fact finding procedure for the case. To be fair and just, you should provide sufficient opportunities for related persons to testify and present their evidences. I have sent many requests to you and the Fact Finding Committee asking for the opportunity to present evidences but many requests have not been considered and examined.

 

Finally, I have asked my lawyer to submit the formal letter in this matter to you on Tuesday October 13th, 2015 at 10.00 a.m. at the government's Information and Complaint Channel. I sincerely hope that when you receive this letter, you would not simply ignore it but consider my request in a just manner since you have always claimed that you will ensure equal justice for all. 

 

Thank you.

 

Yingluck Shinawatra

Former Prime Minister of Thailand 

12th October 2015