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Home arrow newsitems arrow Mandatory Vaccine row from Texas to Strasbourg: Dissidents win v. Establishment in ECHR Law Contest

Mandatory Vaccine row from Texas to Strasbourg: Dissidents win v. Establishment in ECHR Law Contest

Pisac ACM
04. 05. 2018.

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*Strasbourg/CoE/Angelo Marcopolo/- In a Case that has Rocked the USA, and may come anew to Press Headlines in Europe in the foreseeable Future, the CoE's Foreign Ministers-Backed 2018 Annual Moot Court contest organized by the European Law Students Association (ELSA) at the ECHR, where Secretary General, former Prime Minister of Norway and NOBEL Peace Committee Top Member, Thorbjorn Jagland, awarded Today in Strasbourg the Prizes to the Winners, the 1st was attributed to the Team which Supported Popular Dissidents' Complaint against a State's attempt to Impose by Force a Controversial Massive Vaccination of Children, on Public Health pretexts, despite Many Families' Opposition, on Moral, Health and Religious grounds.


Among about a Hundred of reported Candidate Teams from various Universities accross Europe, 19 Finalists competed during 3 Days at the CoE in Strasbourg, included Teams, inter alia, not only from France (Grenoble/Alpes), Germany (1.502-founded Martin Luther's Wittenberg University from Saxonny-Anhalt), Greece (Democritos University of Thrace's Comotini City), and Sweden (Orebro University at Central Swedish Lakes), as well as Czech Republic (Mazaryk University at the Constitutional Court's HeadQuarters in Brno), and Romania (Timisoara), but also from the current EU Chair Bulgaria (St. Kliment University from Sofia), and the incoming CoE Chair Croatia (Zagreb University), as well as Albania (Tirana University), even Ukraine (Catholic University at Lviv, steming from a Greek Catholic Theological Academy created on 1928), and Russia (Moscow's Higher School of Economics, Faculty of Law). Added to Turkey, COE Member since the Cold War, (with Ankara's private Bilkent University). But UK made the Largest Participation, with ...6 Universities (Cambridge, Sheffield and Aberdeen in Scotland, as well as City, Queen Mary and King's College of London).

 

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(Russian Team from Moscow at ECHR's entrance)
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However, the Surprize Winner was a Spanish Team (from "IE" Business University at Madrid, as well as at Segovia and Castile/Leon), who Artfully and Actively Pleaded the Cause of Dissident People obliged to Lodge a Complaint at the ECHR against Oppressive Measures taken by a State in order to Impose to their Children (New Born Babies included) Massive Vaccinations that its Government found Necessary for Public Health in general. The Seriously Documented, in Fluent English, but also Spanish Passion, Pleadings of that Team, headed by a Young Lady full of Energy for the Cause that she served, really Deserved the 1st CoE-ELSA Award for that Moot Court competition at ECHR's Grear Chamber.

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Nevertheless, London's Kings College Head representative, George Collecott, usefully accompagnied by an efficient young Lady, succeeded to Save UK's honour, by Winning the 1st Award for an Individual Plaidoyerie, even in the "Hard" position of a Defendant Lawyer pleading for the Respondent State's attempts to Force a Mass Vaccination of Children, even Against their Families' wish, (See Infra).


- CoE's Secretary General, Thornbjorn Jagland, speaking at the Award Ceremony in the ECHR, later Today, noted that the PanEuropean Organisation's Cooperation with ELSA with its 50.000 Members completes, on 2018, a full Decade, and stressed that if the Young Law Students use well their aquired Knowledge to theis subsequent practical activities, and really "Take Human Rights Seriously", then, "Europe's Future will be in You !", as he highlighted in conclusion.

 

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Indeed, the 2018 ECHR-ELSA Case was really "Serious", and far from being purely Imaginary :


In Fact, such kind of Issues have, among others, also rocked one of USA's Biggest and Key States : that of Texas, already as Early as since 2007 - 2011/2016, provoking a Strong Controversy, with Large Involvement among the affected People, which practically Costed to former Governor Perry not only his usual job, but even his Participation to the 2016 US Presidential Elections, where he was due to Compete (at GOP's Primaries) with current US President Don Trump (2017-2021).


Despite having become a Republican (Right) Party Politician after Flip-flopping from a Democrat (Left), Perry was cought in an Exceptionaly "Hot" Dispute between "Fiscal (i.e. Financial) Conservatives" and Social/Cultural Values Conservatives at the Popular Basis, precisely when he made an Unsuccesfull Attempt to Impose by Force a Massive Vaccination to all Young Girls aged just 11 or 12 years, by Claiming that a Controversial New Vaccine (Tested Only 5 Years then) may prevent one of the factors leading to Cervical Cancer of their eventual Children in some cases in the Future.


But Critics (Headed by "Tea Party" Leaders f. Congresswoman Michelle Bachmann and f. US vice-Presidential Candidate + f. Alasca Governor Sarah Palin, as well as Christian "Evangelical" People, etc), strongly Protested, arguying that this Vaccine's alleged Efficiency was still Doubtful, while, on the Contrary, it might have serious Side-Effects (including f.ex. to eventually provoke Mental/Neurological Troubles, etc), was Against several Christians' Beliefs (f.ex. on Sexual conduct of underage and/or unmarried Girls), and Violated Families' Right to Raise their own Children in Freedom, (as an Opt-out clause had been almost Biffed in real Practice).


(Even Recently, Only a Minority of 27% of USA's Girls were Vaccinated, while a Debate on Adverse Effects still continues, including Neurological and/or Immune System Problems, and even several Dozens of Deaths were reported. Reported Numbers are, comparatively, Small, but most Tests are still made by the interested Company).


Corruption allegations were Added in this Issue, (by a Timely Coincidence with CoE's Annual "GRECO" Anti-Corruption Report's Publication, earlier This Week : See ...), considering also Perry's consistent Long-Time pattern of too close and shady Interest Links with some para-Medical Lobbies : F.ex., a stuborn Opposition to Efforts to Help Victims bring to Justice serious Incidents of Mal-Practice by some abusive Doctors ; Financial Backing by the Big Pharma Company which Sold that Expensive (360 $ initially, 525 $ currently) Vaccine, (including 5.000 $ paid in his latest Electoral Campain = 36.000$ during recent years, about 375.000 $ to a National Association that he Chaired, and which reportedly Contributed for almost 4 Millions $ to his Electoral expenses, in Addition to Hiring his former Chief of Staff, who became a Lobbyist for that Company, before preparing a Super PAC's plans to raise 55 Millions $ for Perry's GOP Presidential Candidacy on 2015, etc) ; Veto against Funding a Team of Prosecutors against Corruption, who were also Investigating allegations against a Research Institute for Cancer Prevention in Texas, (Affair for which he was even Indicted by a Court, and risked Prison, until 2016), etc.


Finally, Perry was convinced to Drop that Controversial Mandatory mass-Vaccination, (which had Not yet been Imposed but Only to 2 Other among USA's 50 States, but was Starting, then, to Spread), when even Texas' Assembly Majority Voted a Resolution Against it. But, meanwhile, he had to Drop his Governor job, and Afterwards he Aborted even his US Presidential Candidate plans (Comp. Supra).


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- But, Today, in ECHR's Headquarters in Strasbourg, the Fight was quite "Hot", and, at the Beginning, apparently Uncertain, between the 2 above-mentioned "Finalist" University Teams from Spain and the UK on a Similar Issue, pictured at an Imaginary CoE's Member Country, where the State had Decided to take even Coercitive Measures in order to Oblige all recalcitrant Families to Obey a Controversial Order to Submit even their Youngest Children, already from the Age of New-Born Babies, to a Series of various Vaccines, (Comp. Supra).

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- Speaking earlier to "Eurofora", the Head of London's Kings College University's team, which played the role of the respondent State's Legal Defenders, (receiving afterwards the No 1 Prize for an Individual Oral Plaidoyerie : Comp. Supra), told us that, in his view, a Main and Crucial Point of Law, was the Fact that "there is No Majority stance among CoE's (47) Member States" about the Mandatory, or not, characted of such Mass-Vaccination Campaigns :


=> Therefore, "ECHR should Accept a Wide Margin of Appreciation for Each State to Decide" what it deems Better suited to the Concrete Situation actually present at its own Territory, in one moment or another, he told us.

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- But the Head of the Spanish IE Madrid University's Team, which played the role of the Dissident People's Complaint Against that State's Oppressive Measures vis a vis those Families which Opposed their Children's forced Vaccination on various Health and mainly Religion grounds, (Comp. Supra), a Serious but Passionate Young Lady, speaking to "Eurofora", prefered to place her Main Legal Argument at a Different Point :


- She had already Admitted, in Reply to Earlier Questions by the Jury, that, indeed, her Initial Legal Analysis about "18 out of 34 States" in Europe currently "Not" Imposing Mandatory mass-Vaccinations as those of the present case, could Not be taken, Definitively, as a Proof of the eventual Existence of a Majority of States Allowing a Free and Crystal-Clear "Opt Out" for justified Dissidents, since CoE's Member States notoriously were 47, but, for Practical Reasons, it had Not been yet Possible to really Know, with Certainty, what was the real Position of the Remaining Countries.


=> - That's why, the Head of the Winner Team (from Spain) had Prefered to Focus much More on Contesting the real Need for that State to Impose such a Mass Vaccination to All its Population of Children, i.e. by Taking Measures of Enforcement against any eventual Dissident Families (Comp. Supra), Despite of the Fact that "there were No Epidemics, and, at any case, the Herd Immunisation Threshhold (theoretically Covering all the Population, even those who were not vaccinated) had been obtained in this case, by the sufficiently Great Number of People already Vaccinated", as she explained to "Eurofora", in Conclusion.


>>> This Key Legal Point, can, Obviously Fit the particular Schema of the Present, 2018 ECHR-ELSA Moot Court Competition, based on an Imaginary Scenario where the Dissident People Opposed to a Massive Vaccination of their Children are, comparatively, a more or less Small "Minority", Mainly Focused on some "Religious" Belief grounds, (i.e. under Article 8 and 9 of the European Convention of Human Rights). But it canNot also Cover those Dissident People who might, eventually, Object, in Addition, Because, also, of a "Hot" Controversy on the alleged Health Issues and/or UnCertainties, (f.ex. on the Importance of possible Side-Effects), which would Risk to Affect their Children if they are Obliged to be Vaccinated even against their Parents' wish. Obviously, Because, in such a case, that Dissident Population might even be the Majority of the concerned Population inside a given Country, (as, f.ex., it's reportedly still the case Nowadays for the above-mentioned "Texas" Affair in the USA : Comp. Supra).


I.e., in other words, to put it in a nutshell, the Legal Fight of Ideas, in the name of Human Rights, about nowadays' Controversies on various eventually Mandatory Mass Vaccinations' Cases, including Reactions among Dissident People and Families, does Not yet seem to have been Clearly settled, with Absolute Certainty, at least at an ECHR case-law level, as it was currently interpreted by this Interesting 2018 CoE- ELSA Moot Court Competition...

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- In fact, Judges have "Always" to "go through the Necessary Process of Taking into Account the Competing Interests, in the Light of Strasbourg's Case-Law", reminded, as a matter of General Principle,  speaking to "Eurofora" on this occasion,  ECHR's Registrar, Roderick Liddell, (who has an Extensive Experience of the PanEuropean Court's work during Decades, after Studying Law at Oxford University and working as Legal Expert, Assistant to ECHR's President, Chief of Press/Communication, Head of Strasbourg Court's General Services, and Elected since December 2015 as Registrar responsible for 600 Legal and Administrative Staff at the ECHR).


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- Concluding the Official Ceremony at ECHR's Headquarters, the current Chairman-in-office of CoE's Highest Political body, that of its Committee of Ministers, Danish Ambassador/Permanent Representative to the CoE, Arnold de Fine Skibsted, after Nostalgically recalling his own, personal "Good Old Times" as "a Law Student" too, (that he exagerated by calling "PreHistoric"), ended on the Most Serious Matter, by repeatedly Stressing the Need, at the core of nowadays Democratic Societies, to ensure not only the Definition, but also "the Implementation of Human Rights" in real practice, which notoriously still is an unfulfilled yet "Mission".

 

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De Fine Skibsted has soon to face, at CoE's forthcoming Foreign Ministers' Summit, on 18 May 2018, at Copenhagen, an Ambitious but also Challenging Draft Plan on how to Advance on ECHR's Reform process, initially Launched as early as since 2010, at an Exceptionally Important, Justice Ministers' Summit at Interlaken, Switzerland, (which drafted a Multi-Annual Plan up to 2019 ; See "Eurofora"s NewsReports from Interlaken at: http://www.eurofora.net/newsflashes/news/interlakenconclusions.html + http://www.eurofora.net/newsflashes/news/boillatngosinterlaken.html, etc), which includes Both States' margin of appreciation, and their Obligation to Implement ECHR's Judgements.


- He would certainly not be contradicted by the President of the Jury for the 2018 European Moot Court competition at ECHR, the Experienced CoE's former Long-Time Director of its Committee of Ministers' Service precisely for the Supervision of ECHR Judgements' Execution by its 47 Member States, (a Key-Issue), Simon Palmer himself, who, Speaking later to "Eurofora", agreed that the real value of a COE's "extensive Memory" on Human Right's issues, is to be used, not simply for the History of the Past, but much More for the sake of Present and Future vital needs in Europe.

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- In this regard, f.ex., in what might, eventually, become, Later-on, an eventual Extension of a probable "BREXIT", Palmer told us that he's Worried about a possible Risk for some in the UK Government to, perhaps, ask also to Leave CoE's PanEuropean Convention on Human Rights, probably pretexting of some more or less Controversial ECHR's Rulings about Condemned Prisoners' Right to Vote even from inside a Jail, and, much more, for its Refusal, in the Past, to accept the Expulsion of some Foreign Criminals, condemned and imprisoned, who have Committed particularly Horrible Crimes, (etc).


It's true that, in a Recent Past, f.ex., even the current British Prime Minister, Theresa May, when she served as f. Home Secretary, (i.e. Interior Minister), had reportedly Criticized some ECHR's Rulings on the above-mentioned Issues, while, at the same time, some used to point to the fact that England, which had got 1st in the World the Historic "Bill of Rights", might, eventually, manage to survive even if it were pushed to get out of COE's Human Rights' Convention, at a moment, or another, in the foreseable Future.  


- But it's also true, that even the Ideological "Father" of BREXIT, Brittish MEP Nigel Farage, President of EU Parliament's "Freedom and Direct Democracy" Group (EFDD), has already expressed to "Eurofora", in Statements made Earlier at the sidelines of an EU Summit in Brussels, that, in fact, he would personally like very much, if he became a Westminster's National MP, to eventually participâte in CoE's activities, (because it's much more about "Cooperation", than for "Integration", as he had pointed out), in the foreseable Future...


=> - At any case, all that is one more Reason, for which I am currently Focusing on Helping Projects such as that of CoE's cooperation with the European Association of Law Students (ELSA, Headquartered in Brussels) on Promoting ECHR's main Principles and case-law, a.o., Told "Eurofora" in Conclusion the 2018 President of ECHR-ELSA Competition Jury, Key Veteran CoE's Senior Officer Simon Palmer, (also Famous inside the PanEuropean Organisation as an Active Musician in its Staff's Band), greeting us with a Friendly Smile.

 

 This year, his Experience was, almost Certainly, a Decisive Factor, inter alia, also for Awarding the Prizes for Best Written Submissions to the teams from Democritus University of Thrace (Greece), the Ukrainian Catholic University, and the University of Grenoble Alpes (France, Bis : Both for the Respondent State and for the Appliquant).

 

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("Democritus"' Team with their Prof. Theodossiou.

Names which roughly Mean : "Chosen by the People", but "Given by God"...)

 

(../..)


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It's important to create a synergy between "mutually stimulating" EU Countries' moves in order to overcome an "Unjust" Crisis "imported from USA", stressed new French Minister for Economic Revival, Patrick Devedjian, in Strasbourg, warning also that, while hoping for a vigorous Obama US Plan, nevertheless, "Time" is of essence for Europe...

In fact, it's EU's own interest to act Fast, before June 2009 EU Election, since, with Lisbon Treaty not ratified yet, it cannot face again the risk of a Majority Abstention, as back in 1999 and 2004, nor another "anti-EU" mood among Citizens, as in the 2005 French and Dutch "No", followed by the 2008 Irish "No", without endangering rare Historic opportunities, currently open for the EU, whose future is at stake.

From Social issues up to High-Tech Scientific Research, concrete action for Economic revival started from Strasbourg and its European dimension, for the new super-Minister Patrick Devedjian, who visited a Popular Social Housing and Infrastructure project at nearby Hagenau village, before meeting new leaders of Strasbourg's unified mega-University in a Scientific Labo at the Campus, close to EU Parliament and CoE headquarters.

Devedjian, who met also with all the spectrum of Local Political  deciders of Alsace region, close to FrancoGerman borders, wants for deeds to meet the words, in real practice, whenever politicians speak about Strasbourg and Europe's development.

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Devedjan to "EuroFora" : "European coordination can act as a multiplicator by mutual stimulations"
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Devedjian was questioned by "Euro-Fora" on his expectations for reciprocal effects of coordinated European plans :

- "We are living in a (European and Global) system where borders are transparent : When we take measures in France, they produce effects also in Germany, in Belgium, Italy, Spain, or other EU countries, and vice-versa. "So, we can have mutually stimulating effects between national revival Plans, if they are somehow coordinated", ..."They can augment each other's effects, acting as multiplicators and levers". "As a State stimulates Local authorities and Private business, similarly, each EU country's economic revival plan may multiply the effects of other EU countries' actions", he told us.

- "F.ex., when I visited Strasbourg University's Scientific labos, they told me that part of the renovation, funded by France, is realized by German companies located only a few Kms away from the border. Thus, the French revival plan benefits also the German economy. And vice-versa : when Germany takes certain measures, they can have beneficial effects also for French companies"

In an era of Globalisation, "nobody can close and isolate himself inside a Fish-Bowl !", he concluded.
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Economy's revival starts from Strasbourg and Europe, for new French Minister Devedjian
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tgv


This could be one of the reasons for which the new French Minister for Economic Stimulus chose to make his 1st visit to Strasbourg, the headquarters of European and Paneuropean Institutions, in the Franco-German river borders at the heart of Europe.

- "It was President Sarkozy's idea", he revealed, adding also fresh "support to Strasbourg's European vocation, not only with words, but also with deeds" :F.ex., the completion of a High-Speed Train network, due to stimulate fast links with Germany, Austria, Italy, Hungary and other central EU Countries.

- "This Crisis is Unjust for Europe, because it wasn't its fault". The greatest part of the "Crisis was imported from the USA, where problems are deeper than here'', in the EU. The Crisis "wasn't due to a bad managment by Europe", who was affected by problems which emerged elsewhere. That's why Europe must be united and active enough to face this challenge. said Devedjian, who has just won +5% in popularity...

- "I hope that there will be an "Obama-effect" also on Economy, and that the Plan of the New American President will be substantial enough to face this crisis, which is worse in the USA than in our area", Europe, he added.

"Economic Revival overcomes political divisions : F.ex. Strasbourg's Socialist Mayor "Ries agreed that State actions funded by Public Debt are justified during such exceptional circumstances", noted the Center-Right republican Minister.

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"Zeitnot" for 2009 EU Elections ?

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

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"My problem is Time", stressed Devedjian from the outset, at Strasbourg's University. "I have to engage 75% of funds in 2009, out of a total of 29 Billion euros", he explained later. "Monitoring will be of essence", because we must "avoid bureaucracy or delays. No project should get lost or neglected in complex meanders of adminstrative offices' moving sands", he warned.

- "I must create activities in the middle of the Crisis", he added. Questioned by EuroFora whether he aims to start creating some "hopes before the June 2009 EU Elections", Devedjian, a former leader of the Governing Political Party in France: UMP, did not immediately reply, but revealed, later, that he "hoped to start at least some Projects on May 2009, even if the bulk of Revival Plan's effects are "expected from Autumn 2009".

However, with only 30% of EU Citizens currently aiming to cast a vote at the forthcoming EU Elections on June, (See other NewStory), the  coordinated moves' results are expected to be crucial for Citizens' participation and votes at the forthcoming June 2009 EU Elections throughout all 27 EU Member Countries...Thus, it's vital for all Europe's own Future that coordinated national Economic revival plans start to have concrete results and create hopes for new dynamics before the June 2009 EU Election...

A real challenge, since careful choices are needed : Our aim is to fund projects which "create activities", even "in the middle of the crisis", and have a "lever effect, attracting other investments", Devedjian said. Because the "Stimulus' Plan has 2 aims : A Tactical one : to create New Activities. And a Strategic one : Choose what can become efficient and useful also in the Long-term". 

- "Are you ready ?", he asked Strasbourg University's new President, professor Alain Beretz, with some 700 million euros in his pockets for Education-Research in France. - "We are !", he replied.

- "The Minister's initiative can accelerate funds, and Time is important for us. This concerns the entire renovation of all our buildings", said to "EuroFora" President, Beretz. "I showed some Scientific Research Labos to Mr. Devedjian. But, If we had more time, I could show him also some Education Amphis, whose condition needs to meet Strasbourg's new Mega-University's ambition" to reach the 10 best in the World, as Prime Minister Fillon earlier anounced here.

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(Devedjian kicks off his Economic Revival tour from Strasbourg University, meeting with its new chairman Beretz, at Scientific Institute Le Bel) 

-----

Regional Prefectures should gather and select projects to be presented for decision before the end of January 2009.

A well-known close friend of President Sarkozy, who succeeded as EU Chairman to launch, in agreement with German chancelor Merkel and even British prime minister Brown, vigorous EU actions against the Financial/Economic Crisis, (starting from the 1st Historic Summit of EuroZone's Heads of State/Government, October 12 at Elysee Palace, followed by Washington G20 Global Summit), Devedjan will have a key role in the realisation of National and EU plans recently agreed in Brussels.

President Sarkozy is expected to arrive himself in Strasbourg, on the occasion of the official inauguration of its brand New Mega-Hospital, on the 9th of January 2009, at the eve of EU Parliament's session here, Elysee confirmed shortly after Devedjian's visit.

EU is due to review its economic revival plans at March 2009 EU Council in Prague, before the April 2 London Global Summit.

***

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Multi-facet concrete activities at focus : Stimulus Minister Devedjian at the Political, Social and High-Tech fronts in Strasbourg...

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2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?

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