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Haupt arrow newsitems arrow PanEuropean Assembly asks CoE Secretary General to check States on Mass Spying + Intrusive practices

PanEuropean Assembly asks CoE Secretary General to check States on Mass Spying + Intrusive practices

Geschrieben von ACM
Dienstag, 21 April 2015
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*Strasbourg/CoE/Angelo Marcopolo/- It's with a crystal-clear and Strong Majority of 114 Votes Against, only 22 For, and 9 Abstentions, that CoE's 47 Member States' strong PanEuropean Parliamentary Assembbly Rejected an Amendment seeking to "Delete" an official  Call "Urging CoE's Secretary General to use his Powers .. to Request" how "States ...implement" the European Convention of Human Rights' provisions seriously Threatened by Internet Mass Surveillance, revealed mainly in the American NSA scandal, thanks to  World Famous Whistle-Blower Edward Snowden, as No 1 in a long Series of Measures to "Protect the Privacy of Europeans" from Fast-Growing Risks of "Total Spying",  but also from "Threats" even "against National Security", that can be "posed" here "by Rogue States, Terrorists, CyberTerrorists, and ordinary Criminals", as CoE's Rapporteur, Dutch mainstream ChristianDemocrat/EPP MEP Peter Omtzigt denounced in his Text and during a Public Debate held at CoE's Headquarters in Strasbourg earlier Today.    

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   => Such a CoE Secretary General move had, in the Past, triggered a Giant "Tsunami" of Media and Political reactions Worldwide on another "Hot" Human Rights issue linked to TransAtlantic relations : that of the so-called "Secret CIA "redition" Flights" and "Secret Prisons", following Swiss Senator Dick Marty's equivalent Investigative Report mandated by CoE's Assembly, which had led to a series of Revelations and Changes.

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Today's move Multiplies considerably the Political Force of an EU Parliament's similar cal last year, because CoE's Assembly obviously is the Natural interlocutor for CoE's Secretary General, that it even Elects, as its Rapporteur, Peter Omtzigt, observed, in reply to a British MEP's claim that Jagland hadn't yet responded to a 2014 EU Parliament's Resolution for that same purpose.


+ It's even quasi-Unanimously, with 138 Votes for, against only 9, and 8 Abstentions, that CoE's PanEuropean Assembly adopted also a Recommendation to CoE's Highest Political body, its Commitee of Ministers, calling it to Strengthen Cooperation with ... the EU ... in Negotiating Trade and Data Protection issues with the USA and other 3rd Countries" in order "to Bring .. in bear the Principles" of "the ECHR... in the (General) Interest of all CoE's Member States", while the TransAtlantic Trade and Investment Teaty (TTIP) talks have notoriously reached a Crucial juncture. The adopted Texts, indeed, explicitly "invite the ... EU to ... Promote the Privacy of all Europeans, in their relations with the .. USA, in particular in Negotating or Implementing the TTIP, the Safe Harbour..., and the Passenger Name Records (PNR) agreement", (etc).

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But the PanEuropean Body's Resolution cannot be suspected to play GeoPolitical games, since it was Voted with a crystal-clear Majority even without any vote from the numerous Russian MEPs who were all Absent, as a consequence of the Ukranian conflict, so that, normaly, an identical Resolution could easily be even much More Stronger whenever all CoE Assembly's Members would be anew Present and United.

 

If Whistleblower Snowden (an American Citizen, earlier employed for NSA-related work) was obliged to live these years somewhere around Moscow, after having crossed through Hong-Kong, it was, in fact, against his wish, and due to Mr. Obama Government's insistance to Chasse down that Whistleblower in order to Prosecute him for Treason and other too heavily punished accusations, CoE's Rapporteur also reacted to attempts by ... to claim that he would have become a puppet paid by Moscow, in  addition, inter alia, also to the well known Fact that USA services reportedly tried even to intercept the... Bolivian President's personall Airplane, because of rumours that Snowden might have been travelling with him in order to get in Latin America an Asylum that several EU Countries, already urged by various Calls, Popular Petitions, etc. to Help the Whistblower, haven't yet given a positive reply, reportedly after facing Heavy USA Pressure.


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+ Moreover, COE Assembly's Resolution also  "urges" the PanEuropean Organisation and "all Member States" to "ensure thet National Laws allow the Collection of Data .. only with the Consent of the Person concerned, or following a Court Order, granted on the basis of a Reasonable Suspicion of the Target being involved in Criminal activity", while "Unlawful Data Collection and Treatment should be Penalized". "The Creation of "Back Doors", or any Other Techniques to Weaken or Circumvent Security .. Exploit.. existing Weaknesses" to Digital Tools "should be Strictly Prohibited", contrary, inter alia, f.ex. also to a controversial Draft Law on Intelligence just voted in France, despite Clear Opposition by many Human Rights Organisations.


++ A Fortiori, since if  such "mass surveillance tools" "fell  ... into the hands of Authoritarian Regimes", the "Consequences" "would be Catastrophic", CoE Assembly warns. Indeed, particularly "in times of Crisis, it is not impossible for executive power to fall into the hands of Extremist Politicians, even in established democracies". Already, "High-Technology Surveillance tools are ...in use in a number of Authoritarian Regimes" in order "to Track down Opponents and to Suppress Freedom of information and Expression", the Resolution warned, pointing also to the Fact that "in several Countries, a massive “Surveillance-Industrial Complex” has evolved, fostered by the culture of Secrecy surrounding surveillance operations, their highly Technical character", etc. "These powerful structures risk Escaping Democratic Control and accountability, and they threaten the Free and Open character of our societies", according to the PanEuropean Organisation for Human Rights, Democracy and Rule of Law.


Recent Scandals, including, f.ex., the reportedly Systematic Surveillance Targetting of .. Christian NGOs and Activists in Obama's USA, or former French President Sarkozy and even his Lawyer's Mobile Phones Tapping (much of which surfaced in politically opposed Media !), as well as US Administration's surveillance over Human Rights Organisations, as denounced WhistleBlower SNouden, etc, have, in addition, revealed tangible Threats even against peaceful Citizens in Today's Societies... In general, COE "is Deeply Concerned about ... Mass Surveillance and Large-scale Intrusion practices, hitherto Unknown to the general Public, and even to most Political Decision-Makers", which started to be Revealed since June 2013 thanks to American WhistleBlower Edward Snowder, (currently living under Political Asylum in Russia, after fleeing to Hong Kong), Omtzigt's text, adopted Today by Strasbourg's PanEuropean Assembly, obserbes from thr outset.

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Recent Deadly Attacks by Extremist Islamist Terrorists in France, Belgium, Denmark, etc., as well as at Neighbouring Tunisia, etc, should Not provoke False Impressions, warned CoE's Rapporteur, Dutch MEP Peter Omtzigt, from the outset of Today's Debate :  - In fact,  "Total Surveilance" or Spying is really Possible now. But No Total Security yet !", he resumed in substance. Because "Mass Surveillance is Ineffective" against Criminals and/or Terrorists, (while, on the Contrary, "Targetted Surveilance" can be helpful), and there is, moreover, a "Danger" by Terrorists or Other Criminals, if such High-Tech "Spying Tools Fall in the Wrong Hands", he Warned, pointing also to the latest "Cyber-Attacks by ISIL's  Terrorists" against f.ex. French Media TV5, etc...


------------------------------------------


Even if "Law in most States provides some protection for the privacy of their own citizens", it usualy does "Not for Foreigners", and "Snowden files have shown that USA's National Security Agency (NSA) and their foreign partners, in particular among the "5 Eyes” partners (Australia, Canada, New Zealand, the UK and USA) Circumvent national restrictions by Exchanging Data on each other’s Citizens", COE's Resolution denounced.


While "Recognising the need for effective, Targeted Surveillance of suspected TYerrorists and other organised Criminal Groups", and that it "can be an effective tool for law enforcement and crime prevention", as well as "the need for Transatlantic Co-operation, in the Fight against Terrorism and other forms of organised Crime".


But, at the same time, CoE notes that, "Mass Surveillance does Not appear to have contributed to the Prevention of Terrorist Attacks, ...Instead, resources ... are Diverted to mass Surveillance, Leaving potentially Dangerous persons free to act", while also  International "Trust has been severely Damaged by the Mass Surveillance practices Revealed" since 2013, (including, f.ex. USA spying over German Chancelor Merkel's Mobile Phone, etc. !), instead of being "Based on mutual trust founded on international agreements, respect for human rights and the rule of law", as it should.


This was Aggravated recently by "the Reluctance of the competent US authorities and their EU counterparts to contribute to the Clarification of the facts, including their Refusal to attend Hearings organised by (CoE's) Assembly and the European Parliament, as well as the Harsh Treatment of Whistle-blower Edward Snowden", "Omtzigt's text adopted by CoE denounced in addition, (after explaining orally, during CoE's Debate, that relevan USA authorities Refused even to present their main positions simply on Paper) : A British MEPs-led attempt to "Delete" the denonciation of these Facts, was Strongly Rejected by a Large Majority in the PanEuropean Assembly, with 113 Votes Against, only 23 For, and 6 Abstentions)...


Moreover, CoE's "Assembly unequivocally Condemns the Extensive use of Secret Laws and Regulations, applied by Secret Courts, using Secret Interpretations of the .. Rules", added an Amendment overwhelmingly adopted by a Large Majority of 115 Votes for, only 1 Against, and 8 Abstentions.


=>  "In order to Rebuild Trust",  "among  Transatlantic Partners"  (EU - USA), COE's Member Statesn, and "between Citizens and ..Governments, a Legal Framework must be put in place, at the national and international level, which ensures the protection of Human Rights, especially ...the right to Privacy", with "Effective Tools for Enforcement" thanks to "Enhanced Judicial and Parliamentary Scrutiny (Monitoring)", as well as "credible Protection (of) Whistle-blowers", CoE's Resolution concludes.

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(Suggestive Publicity in front of CoE, Day of Mass Surveillance Debate... A NSA move ?...) 

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In this regard, the PanEuropean Parliamentary Assembly "Welcomes", f.ex., "USA Congress'" "initiatives" to "Review .. Legislation, in order to minimise abuses, as well as the German Bundestag’s decision to set up a committee of Inquiry", and "Encourages" also "other Parliaments to embark on similar Inquiries", in order to "Seek the Truth, without regard to party-political considerations" : "Parliaments should play a Major Role in monitoring, scrutinising and Controlling national Security Services and Armed forces, in order to ensure respect for Human rights, the rule of Law and Democratic Accountability, as well as International Law", Today's Resolution stresses, based also on earlier adopted CoE's decisions of principle.


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Mainstream Brittish MEP of the Governing Conservative Party, and a vice-President of CoE's Assembly, Robert Walter,  was Chairing the crucial Voting time, but kept a correct, neutral and balanced stance, apparently without being influenced by the pro-Security stance of most other British MEPs, probably remembering the Fact, that, together with several other Conservative Brittish MEP, he had dared, in the Past, oppose controversial former "Socialist" Prime Minister Blair ("New Labour")'s Draft Bill on keeping mere Suspects to Prison, (even incommunicado !) for too long periods of time and without enough Guarantees, among many other Liberticide Bills of that period, by supporting a very Critical CoE's Resolution then.


Moreover, another Key British Conservative MEP, James Clappison, President of CoE Assembly's Committee on Legal Affairs and Human Rights, also Voted personaly in favour of several Citizen-Friendly moves, against risks of abusive Mass Surveillance, (including, f.ex., on the above-mentioned  Call for CoE's S.G. to take Action : Comp. Supra, etc).


They both eventually realized Today that such debates and votes on core issues of Human Rights and Democratic Freedoms emerge, by a coincidence, close to the 800th Anniversary (15 June 2015) of the World Famous, Historic Brittish Legal text known as "Magna Carta", an early precursor to the "Bill of Rights" of 1689-1789 in the UK, USA, France, etc., and the First to be written 8 Centuries ago (1215)...


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 (Embattled Ukranian President Poroshenko and National Security Council Chair Turchinov, in Military outfits, scrutinize carefuly a Drone, apparently praised by an Army Technician)

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However, the particular Context and the overall look of this, April 2015 CoE Assembly Session, explicitly Focusing, mainly on Mass Spying, "Drones" and Killings, Ukraine's Deadly and Destructive Conflict, which risks to Dangerously Divide the European Continent, as well as Massive illegal Migration and Asylum Seekers from several Neighbouring Countries, particularly at the South-East of Europe, surrounded by a recent outburst of unusualy Deadly Conflicts, Extremist Islamist Terrorist threatss, even against Civilian People, etc, inevitably Reminds

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much more ... Orwell's infamous "1984" Book (with both "Big Brother" watching, and Flows of Refugees fleeing Manipulated Conflicts, etc)

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https://www.youtube.com/user/muse

 muse___drones_2015_400

http://youtu.be/aTcJWhmdzpg

, or, by an astonishing, but Timely Coincidence, World famous "MUSE" Rock Group's latest 2015 Album titled ..."Drones", and full of Weapons and Military Boots massively emerging at the background, as another Warning...

 

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https://www.youtube.com/watch?v=UqLRqzTp6Rk

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(../..)


***

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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
    
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

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