The public prosecutor accuses the 10 defendants of terrifying victims psychologically and violating their property rights. The defendants’ community activities are characterized as evil and oppressing the ordinary people. The prosecutor accused the “evil gang” of committing the crime of extortion on five counts and forced trading on one count between 2011 and 2014.
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The 10 defendants Tashi Gyatso (Zhaxi Jiamucuo), Tsewang (Caixiang), Nyingchak (Niangqihe), Gyalo (Jialao), Sonam Gyal (Suonanmu Jia), Tagthar Gyal (Dehetai Jia), Tenpa Gyatso (Danba Jiamucuo), Tamdin Dorjee (Danzheng Daoji), Tamdin Tsering (Danzheng Cairang) and Chopa Tsering (Jiaoba Cairang), committed several criminal acts of extortion and forced trading in the Banggurthang area. They terrified victims psychologically and violated their property rights. What they did was obviously characteristic of doing evil and oppressing the common people. Their criminal actions seriously disrupted the economic and social life order in Banggurthang area and caused bad social influence. Therefore, their attribute is a gang of evil forces.
Tashi Gyatso is the leader and Tsewang, Nyingchak, Gyalo, Sonam Gyal, Tagthar Gyal, Tenpa Gyatso, Tamdin Dorjee, Tamdin Tsering and Chopa Tsering are the members of gang. Between the years 2011 and 2014, this evil gang committed crime of extortion for five counts and forced trading for one count through violent methods, such as gathering crowd to make trouble, verbal threats, blocking work and seizing construction machinery.
In the criminal activities of this so-called “Monastery’s Folk Management Committee”, which is composed of some monks and laymen, Tashi Gyatso was the organizer and planner, and other members actively responded to and participated in criminal activities of extortion and forced trading.
This gang of evil force used soft violence to force Amdo（Anduo）Group in Sangchu (Xiahe) County to pay one million yuan in cash; in 2012, it used soft violence to extort 20,000 yuan in cash from villagers in Shangxia Jiedao Village. In 2013, it used soft violence to extort 78429.73 yuan in cash from the Lin-He Expressway Section 11 Project Department and 36,409.16 yuan worth of construction materials such as sand and stone for the monastery’s building being damaged by blasting operations carried out by the project department. It used soft violence to extort construction materials worth 31,600 yuan from Lin-He Expressway Section 12 Project Department. It used the construction machinery of Lin-He Expressway Section 12 Project Department free charge, which caused the project department a loss of 6788.19 yuan.
The above actions have violated Article 274 of the Criminal Law of the People’s Republic of China, and this evil group should be held criminally responsible for the crime of extortion.
In the name of Namlha Monastery, this evil gang forcibly bought 6.7 mu of cultivated land from villagers at a low price of 16,000 yuan in Banggurthang Town.
The above action has violated Article 226 of the Criminal Law of the People’s Republic of China, and this evil group should be held criminally responsible for the crime of forced trading.
2. There is no evidence, nor did it conform to objective facts in accusing extortion from Ma Weimin and Ma Gawu of Shangxia Jiedao Village.
There is no definite evidence to prove the forced extortion mentioned in the indictment. According to the indictment, Tsewang and other members of the Monastery’s Folk Management Committee met with Ma Weimin and Ma Gawu three times and forced them to pay.
In reality, it is very common in the community, whether they are Muslim or Buddhists, to support each other. Before Ma Weimin and Ma Gawu donated 20,000 yuan to Namlha Monastery, Namlha Monastery also donated money to the mosque. Ma Weimin said Tashi Gyatso and others threatened him to pay 20,000 yuan. In fact, Namlha Monastery never proposed the donation amount. Ma Weimin and Ma Gawu themselves set the amount of 20,000 yuan. During the Wenchuan earthquake, the government mobilized everyone to donate. Can it be said that it is extortion by the government? Ma Weimin and Ma Gawu ‘s 20,000 yuan has no relevance to this case.
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