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Home arrow newsitems arrow CoE Human Rights Commissioner Muiznieks to EuroFora: Investigate Ukraine's Snipers/Odessa/Bombs+IDPs

CoE Human Rights Commissioner Muiznieks to EuroFora: Investigate Ukraine's Snipers/Odessa/Bombs+IDPs

Written by ACM
Friday, 20 June 2014
eucomhr_nils_muizniecks_400

*Strasbourg/CoE/Angelo Marcopolo/- While stressing, 1st of all, the Need for effective "Investigations" on Human Rights' Violations at recent Tragic events in Ukraine, and acknowledging that the situation of Civilians inside most Dissident areas of Donetsk and Luhansk is awfull, and regretting that he "can't go there",  CoE's PanEuropean  Commissioner for Human Rights, Nils Muiznieks, speaking to "EuroFora" in Strasbourg just after his 3 Days-trip to Ukrain from 16 to 19 June 2014,  (and pointing also at a complementary Press Release just published by the COE on his behalf Today), anounced his Intention to "focus from Now on, much more on IDPs/Refugees, particularly at the Southern City of Odessa, and declared himself "Ready to Engage" in Public Debates with MEPs already from Next Week's CoE's  Plenry Session :                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       --------------------------------------------
 - The First Word that Muiznjieks spontaneously stressed from the outset when "EuroFora" suddenly met him at the CoE, only some Hours after his Return back from Ukraine, was "INVESTIGATIONS !"


Just Natural, considering particularly certain exceptionaly serious Human Rights abuses notoriously committed recently in that conflict-stricken country :


- As f.ex. that of the infamous Kiev's "SNIPERS", who astonishingly killed from the same side, both Policemen and Demonstrators near Maidan square, provoking a sudden outburst of Deadly Violence, back on Fenruary 21, 2014, which Topled the only Compromise Agreement ever signed until Today by Both Sides at the Ukranian Conflict : that which was brokered between former President Yanukovich and 3 then Leaders of the Opposition, under the auspices of 3 EU Foreign Ministers from Germany, France and Poland, whose Implementation might have avoided all the recent Deadly Clashes and any risk to Divide the Country, nor to push Europe back to a "Cold War" remake and/or even War...


+ And obviously that Horrible Massacre of Defenseless, Unarmed, peaceful Old and Young People, including several Young Girls, atrociously Burned Alive and/or Suffocated to Death, otherwise Killed by Jumping out of enflamed Windows, t the infamous Odessa Trade Unions' Building, in front of which they were Democratically gathering Signatures for a Petition in favor of a Popular Referendum for a Federal Reform, (precisely in Reaction to the Violent Shift of Power which had just occured at Kiev : Comp. Supra), when they were, suddenly, brutally Attacked by a Mob armed with long Battons, knives,  Helmets, Fire Bombs, etc., composed of "Right Sector" Milicia of Extremists and some Trouble-maker "Football Team Funs" massively Imported from Other Cities/Regions, who came Running and started immediately to Destroy the Dissident Demonstrators' signature-collecting Tents, setting them on Fire, before starting to Attack, immediately afterwards, the above mentioned Building's main entrance, repeatedly and systematiocally Throwing burning "Cocktail Molotof" against its Doors, Windows and Walls, until they managed to set it on Fire, (as many Videos clearly attest), while also reportedly Hitting with Brutaity, often until Death, trumpling underfeet all Dissidents who managed to climb down from that Burning Building to the ground, often wounded and lying to the floor.. :  A notorious Horror, which did much to Push Eastern Regions' Populations, f.ex. at Donetsk and/or Luhansk, to rush towards "Autonomy", while dreaming to reUnify with Russia, or become an Independent State, at least in order to have a real Chance to Save themselves, their Families and People from the otherwise unavoidable such Massacres by Kiev-linked brutal Militia Thugs....


Particularly when Both, these 2 flagship Deadly Brutalities have notoriously remained  totally Unpunished, since nobody was ever found responsible and condemned in a Court for such Horrible Crimes until Today..


To the point that the blatant Inefficiency, if not Complicity, of the Ukranian Prosecuting Mechanism, has become Today, probably .. the only point on which both "Maidan" Demonstrators, President Poroshenko, Donetsk/Luhansk Autonomists, and the Russian Government, almost perfectly Agree to denounce all Together, each one in his particular way !.. F.ex., recently, former "Maidan" Demonstrators made a Collective Protest out of Kiev's Prosecutor's Office ; while Poroshenko asked to Fire the Prosecutor General, and replace him by another person ;  in parallel with Russian Permanent Representative at the OSCE's complaints, officially lodged in Vienna, asking to condemn Kiev Authorities for their apparent complacency, if not cover up, of several such horrible massacres ; added to Moscow Government's official demand at InterPol to place the acting Ukranian Minister of the Interior on the list of "Most WANTED" Criminals !...


+ Moreover, it's also an Astonishing Fact, indeed, to find that, even at the latest UNOG Report, prepared by UNO's High Commissioner  for Human Rights, the South-African Navi Pillay, there isn't the slightest mention of the too "Hot" Word ..."SNIPER"  (Comp. Supra) !...


As for the 3 Top Experts, High-Level Consultative Comittee to check Investigations on such Violent Incidents, since "Maidan", in Ukraine, set up by CoE's Secretary General Thornbjorn Jagland, (to which refers even the latest EU Parliament's Resolution, adopted in Strasbourg on April 2014, asking to Investigate the Kiev "Snipers" and other such Deadly Scandals, .. since the last time that "EuroFora" briefly spoke with 2 out of its 3 Members at the CoE in Strasbourg, (when they were ..."waiting" for their Brittish Chairman to simply tell them if they were, or not, ...Legally Competent in order to, eventually Start Investigating at least on the Horrible ssacre (Comp. Supra).. This was 1 or 2 Months ago, around Apri                                                                                                                                                                                                                                                                                                                                                                                l 2014. But, even Today, on June 2014, a Senior CoE's Press Official told "EuroFora" that it wasn't yet sure IF they might Investigate, or not, the Odessa Massacre :  - "Try again later, in about 2 or 3 Weeks' Time" !....       


However,   the latest  UNHCHR's Report on Ukraine (Comp. Supra) reveals that, currently, there are at least Five (5)Diffrent and "separate" "Investigation Initiatives" going on nowadays in Ukraine, including 2 composed by independent "Academicians", or by "Victims' Families", etc...  


- But, in fact, "ensuring Effective Investigations into Human Rights Violations is essential to restore public Trust in institutions,” concluded in his Press Release, published Today, CoE's Commissioner for Human Rights, Nils Muižnieks.


- The effectiveness of investigations into human rights violations is a core human rights issue and there is an urgent need to ensure that ongoing investigations meet international human rights Standards for Thoroughness, Promptness, Transparency and victim Involvement", he reminded. But, in Ukraine, many  “have expressed Concerns about the Need to ensure greater Transparency of official investigations, (while at the same time respecting the presumption of innocence and the need to protect personal information)”, he observed.


=> Muiznieks told "EuroFora" that he intends to try help boost certain key, on going Investigations in Ukraine, including, f.ex., that on the "2 May events in Odessa", if need be, even by using his own "Services", for that purpose..


 + Meanwhile, CoE's HR Commissioner praised the Work done, on the contrary, by certain ONG, grassroots Citizens' groups of various Political affiliations, which Sincerely strive to Find all the Truth on the most  Serious Crimes and Human Rights' Violations committed recently in Ukraine, including, naturallly, of the Odessa massacre, without being limited by petty political afterthoughts, but, on the contrary, by gathering Together all useful People Motivated by the need to Safeguard Respect of elementary Human Rights, coming from Both Sides of the currrent Ukranian Conflict, and forging an actively emerging, indipendent-minded Civil Society. He looked quite Enthousiast, particularly, from certain People that he reportedly met at Odessa.


However, an unavoidably critical Question, inevitably raised by what CoE's HR Commissioner claimed in this regard, particularly in his CoE Press Release, is to know, how could it be Possible to be really "Independent", for  "a group of journalists and experts from civil society Assembled on the initiative of the regional Governor", (as Muizniecks noted), i.e. by someone who is Not even Elected, but only unilateraly ... Appointed by the acting Government at Kiev, (which is precisely among those Suspected by some to have exploited f.ex. Kiev's Deadly "Snipers" violence, in order top seize Power without any Democratic Election by the People, as well as to obviously Profit politically by the Odessa Massacre which violently Crushed any collective "Autonomist"/Federalist Popular Movement in Odessa) ?... Even if all those persons might be, eventually, Sincere Human Rights' defenders, nevertheless, such objective Facts, obviously raise inevitable Question Marks and Doubts in People's Minds,  - unless the terms : "Assembled on the Initiative of the regional Governor" (sic !), also might eventually mean simply "facilitated" in their spontaneous endeavour... But, again, such an Unilatera Choice by a Government-Appointed "Governor", in order to "Assist Law Enforcement", and "Dispell Rumours", (etc),  is Far from clear, and without any obvious "Independence" at all...

Certain aspects of the earlier, "Euro-Maidan" Popular Movement, had, indeed, started to reveal at least some sincere and Independent-minded persons and autonomous Civil Society Actors, but, again, precisely, they were never so openly .. "assembled" by a Government Appointed "Governor"...


Thus, a cautious and careful approach seems really preferable in this case.
---------------------------------------------


+ Moreover, in parallel, - "I know" that the situation of the People living in the  Dissident East-Ukraine areas, as mainly "the Donetsk and Luhansk regions", (more and more attacked by Kiev's Military, until now), is "Awful", CoE's Human Rights Commissioner agreed with "EuroFora".       

                                                                                                                                                                                                                                                                                                                                
- In fact, CoE's Human Rights' "Commissioner is deeply Concerned about reports of human rights Violations in those regions, Causing persons to Flee", as he warned.


-   "But, I couldn't go there !", Muizniecks  added, speaking spontaneously to "EuroFora", concerning the Dissident, Donetsk and Luhansk, regions of Eastern Ukraine, - apparently Regretting that Restriction on his own Freedom of Movement....
---------------------------------------


++ However, at the same time, Muizniecks clearly anounced to "EuroFora" his Intention to "Focus on Internaly DISPLACED Persons (IDPs) and Refugees", (f.ex. towards the Russian borders, etc).


The number of IDPs from different regions of Ukraine is currently estimated by UNHCR at more than 34000 and rising daily, according to CoE's Press Release
=> Many among them,  don't seek refuge only to Crimea, or mainland Russia, etc., but also to Odessa, at the Southern Ukranian area, and this is reportedly happening recently at "Growing" numbers, as Muizniecks told "EuroFora".


- This is based on an "Information" given to CoE's Commissioner by the (Kiev-controlled) "Regional Authorities in Odessa", according to which, 50 to 60 persons fleeing the Donetsk and Luhansk regions were arriving daily at the city’s train station, his Press Release notes.


- "While applauding the Support extended by NGOs, Volunteers, and Local/Regional Authorities", (in the mainly Russian-speeking area around the Southern City of Odessa), CoE's Official reportedly feels that "this will not be enough", as his Press Release claims.


=> Muizniecks' paper concludes that, now, “there is an Urgent necessity for a Coordinated response, at the Central (i.e. Kiev Government's) level, beginning with a Centralised Registration system, as well as International Assistance", in order to "meet the demands of the Displaced persons, which include Women, Children and persons with Disabilities, many of whom have been Traumatised by Hostilities",
(i.e. during the latest April - June Military Attacks with Tanks, Airplanes, Helicopters and Mortars (some even claim ... "Napalm Bombs" !), in addition to recent Heavy Damages inflicted by Kiev's Military to the Dissident Regions' basic Supplies' Networks for everyday needs of the Civilian Population, provoking Cuts of Water, Electricity, Fuel, Food, Transports, etc., in addition to Shelling even Family Homes, Schools and Kindergarten, Hospitals, Factories, etc, and too often Blocking also elementary Social Benefits and/or Pensions for Poor and/or Aged People, etc., that even UNHRC has documented, (Comp., f.ex.: ....).


=> Thus, after his recent 3 Days-long Visit on the spot, at Kiev and particularly Odessa, the PanEuropean Human Rights' Commissioner feels that he is - "Now Ready to Engage with the (CoE's Parliamentary) Assembly" (PACE), as he told "EuroFora" in conclusion, just before PACE's Plenary Session next week in Strasbourg, at the eve of EU's Ypres/Brussels' Summit of 26-27 June 2014.


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


However, by hearing and reading Muiznieks' (and CoE's Press Release's) above mentioned series of observations, one may obviously feel Worried by an obviously possible Risk :


- If almost Nothing is really done to urgently Stop at last Kiev's Military Attacks against Dissident Regions, and immediately Repair at least the worse Damages inflicted by Heavy Weapons to the detriment of all the Local Population's basic, everyday Needs, (such as Water, Electricity, Phone, Fuel, Transports, Medical Drugs, Banks a.o. Cuts), while, at the same time, Roads to Russian Borders are Blocked, and one focuses much more only on Kiev-Government controled Monitoring of Refugees obliged to Flee towards the only other Russian-speaking area of Ukraine, located far away from the Donbas : i.e. around Southern Odessa City, then, in real Practice, all this risks to sum up, in fact, to something objectively close to the Effects of a kind of .."Scorched Earth" policy, which, Elsewhere in the Past, has notoriously be Exploited by some Other, oppressive regimes, in order to Empty from its Native Population an entire Area of Land, Obliged by Force to Massively Flee far Away from theirFamily Homes and Ancestral Land, weakened and Submitted to Heavy Monitoring by the Same Power which Forced the People to Abandon their Homeland, that might, eventually, be afterwards subordinated to the desiderata of Other, Differend People, possibly Imported from Elsewhere, and/or only partialy and too slowly returned to its original and lawful inhabitants in a remote Future, so that it mlight all amount to a kind of (normaly Unacceptable, from a purely Human Rights point of view),  massively Forced Population "Re-Settlement", (instead of real Peace, thanks to a Democraticaly Negociated Compromise Agreement between all parties involved)...


***

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 politkovskaya_gongadze_adali_400

Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

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

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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