Feb. 25


BANGLADESH:

Mollah Verdict; Govt to appeal this week


The government may file an appeal with the Supreme Court this week seeking death penalties to Jamaat leader Abdul Quader Mollah for each of the 6 charges he faced at the International Crimes Tribunal-2.

Attorney General Mahbubey Alam told reporters yesterday that his office would move the appeal containing 3 grounds for challenging the verdict of International Crimes Tribunal-2 in the case against Mollah.

The Tribunal-2 verdict delivered on February 5 convicted the 65-year-old for 5 wartime criminal offences among the 6 charges filed against him.

In 2 of the 5 acts of crimes against humanity, at least 350 Bangalees were killed and a girl was raped. The tribunal awarded him life sentence (30 years) for the offences.

He also got 15 years' imprisonment for his complicity in three other criminal offences in which 6 people were killed.

He was acquitted of the 6th charge of killing hundreds of people at Keraniganj during the Liberation War, as the charge was not proved in the tribunal.

Yesterday, the attorney general said the tribunal should have awarded death sentences to Mollah for each of the charges.

The government would pray to the Supreme Court to award death penalty to Quader Mollah on the charge of killing people at Keraniganj too, he told newsmen at his office.

The government took the initiative for moving the appeal as the verdict of Tribunal-2 caused a stir among common people and prompted the youths to take to the streets that led to the Shahbagh protest.

The appeal would be lodged under the amended provisions of the International Crimes (Tribunals) Act, 1973, that empower the government, informants and complainants to appeal against any verdict of the war crimes tribunals.

The defence and the prosecution have time until March 6 to file the appeals and the Appellate Division of the Supreme Court would have to dispose of the appeals within 60 days of their filing.

(source: The Daily Star)






INDIA:

Hanging is futile


The hanging of Afzal Guru on Saturday, the 9th of this month, should once again remind us of the futility of killing murderers. It does not have the slightest impact on the incidents of murders. By now we should have learnt that killing killers does not reduce the number of murders that take place. Most advanced countries have abolished the death penalty.

It has not increased the incidents of murders. There are other forms of punishments that have proved more deterrent than depriving the guilty person of his or her life. Hanging them is medieval barbarism. More effective deterrent would be to isolate them from society and deprive them of every kind of contact including use of postal and telephone facilities.

Following this argument, I believe that hanging Afzal Guru was a mistake. The President should have used his powers to convert death sentence to imprisonment for life with hard labour. People convicted of murder should be force d to live in isolation without any contact with their family or friends.

They should be made to do the menial job like clearing latrines and sweeping prison floors for the rest of their lives. That is why I believe that hanging Afzal Guru was a mistake. It sent the wrong signal to the public. Most Muslims believe that his life would have been spared if he had not been a Muslim. I am inclined to agree with them.

I hope very much that Prime Minister Manmohan Singh who is a forward-looking man of liberal views will, during his tenure in office, initiate legislation to abolish death penalty.

(source: Letter to the Editor, Khushwant Singh----Hindustan Times)

**********************************

Mom wants lifer, not death


On a day when acid attack victim Vidya (21) succumbed to her injuries, her family demanded harsh punishment for the attacker, though not death penalty. Waiting at the mortuary of Kilpauk Medical College to receive Vidya's body, her mother Saraswathi was emphatic that assailant Vijaya Bhaskar (31) should suffer like her daughter did. "If he is hanged, he would not know how much my daughter suffered. He should spend his entire life in prison. Only then would he know how much suffering she had gone through," said a weeping Saraswathi.

Saraswathi also sought financial assistance from the State government, claiming that her family was dependent on the meager salary of Rs 5,000 Vidya earned while working at a browsing centre in Adambakkam.

Vidya died early on Sunday at the Kilpauk Medical College where she was being treated after being attacked on January 30. Even in death, she helped others, as she ensured that her eyes were harvested for donation.

A resident of Parameswaran Nagar in Adambakkam, Vidya was working at the browsing centre in Tiruvallur Nagar for about a year-and-a-half. "Her father died when she was 7. She went to work only because we could not run the family with my earning," said Saraswathi, who tries to eke out a living as a domestic help.

Bhaskar, a caterer with a software company, had proposed to her daughter in August last, though her family came to know about it only a few days before the attack. Even though Bhaskar's family approached them, Vidya's family requested that they wait for a year as Bhaskar had a sister waiting to get married.

"His mother called me and we agreed to the marriage though we were from different castes and there was a big age gap between them. Maybe he was insecure that we would not keep our word," Saraswathi said.

Just 4 days before attacking her, Bhaskar had threatened to kill Vidya by either splashing acid or running her over with an auto. On January 30, Bhaskar came to the browsing centre when Vidya was alone and reportedly pulled down the shutters of the shop. Following an altercation, he threw sulphuric acid - which he had purchased from a shop at Parrys - at her. While some of the acid fell on her back, he rubbed her face on the floor and rammed it against the wall, according to police sources.

Describing Vidya's stay at the hospital, she said she ate well on the 1st 3 days after being admitted at KMC. However, the severity of her injuries led to a stage where she could not even recognize her own mother. "Her wish during her lifetime was to donate her eyes and reminded us of it even on her death bed," Saraswathi added.

(source: The New Indian Express)

****************************************

Death to penatly--The pros and cons of the death penalty are well known and have been debated by societies for centuries


Kaoru Kobayashi, a local newspaper deliveryman, who assaulted and murdered a 7-year-old girl in 2004 in the Japanese city of Nara, was hanged this February. 2 other death row inmates have been hanged in the 2 months since Shinzo Abe became the Prime Minister of Japan for the second time. 43 death row criminals were executed in the US in 2012. The latest of these was Manuel Prado, a neo-Nazi and self-styled vigilante who killed 9 people. In 2012, around the world, convicted persons were put to death by firing squad, lethal injection, electric chair, hanging and beheading for crimes ranging from murder to terrorism to crimes against humanity.

No reliable statistics are available for China, but it is widely believed to put thousands of people to death each year.

At the same time, according to Amnesty International, only 21 out of 198 countries carried out executions in 2011. Each year 1 or 2 countries join the so-called abolitionists - those where the death penalty has been abolished for all crimes.

Waning public support for the death penalty has resulted in fewer death row convictions in the US in recent years. In the last 35 years, the number of abolitionist countries has risen from 16 to 96. These include all of European Union, the UK and Australia.

India, as widely reported, has executed four people since 1995: the two most recent being Ajmal Kasab and Afzal Guru for terrorism. India's historical journey with the death penalty has strangely been less angst ridden than that of many countries. Indian law allows the death sentence for murder, gang robbery with murder, mutiny by a member of the armed forces and abetting the suicide of a child. Large-scale narcotics trafficking and terrorism have been added to this original list as capital crimes in recent years. There is no government corroboration of the fact, revealed in a report, that over 1,000 people were executed in a single decade after independence (Report 35 of the Fourth Law Commission of India, 1967). Indian law seems to have muddled along, first permitting a large number of executions and then correcting course with a Supreme Court directive in 1983 to apply the death penalty only in the rarest-of-rare cases.

Until the recent gang rape murder crime in New Delhi that awakened a large group of the middle-class, there has been no real intersection of society with criminal law principle for over 30 years. There are few domestic volunteer organizations that speak either for or against the death penalty. Justifiably, during the recent debate the hotly discussed topic has been the status of women in society. Much less attention has been focused on the merits of the death penalty itself.

The justice J.S. Verma committee was constituted in December to recommend amendments to criminal law to ensure quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The panel's report was presented in January. While punishments in general were enhanced, it opined that death penalty should not be awarded for the offence of rape as there was considerable evidence that death penalty was not a deterrent to serious crimes. It recommended life imprisonment for rape. Despite this report, the government of India has issued an ordinance called the Criminal Law (Amendment) Ordinance, 2013, that includes the death penalty for (rare) cases of assault and murder, particularly those from repeat offenders. (see www.prsindia.org for a summary).

The pros and cons of the death penalty are well known and have been debated by societies for centuries. The idea of abolitionism has grown considerably in recent years. The newly constituted 20th Law Commission under justice D.K. Jain should consider again the issue of capital punishment in India, update the facts and contemporize law. While the recent ordinance is a retrograde step that precludes full debate, I believe India has got it generally right with respect to the death penalty. It is not abolitionist in the strictest sense, but reserves the right to apply the death penalty for heinous crimes against individual or the state. Where it can make improvements in both legal and practical terms is to define rarest-of-rare better, restrict the scope of this sentence to fewer crimes, eliminate mandatory clauses and use the privilege, well, rarely. In addition to better justice, this will improve conviction rates, cost and time of trial, and expenses incurred by the state after conviction. The multiple stages of appeal and redress - including possible clemency from the President - provide opportunity for those death row inmates who believe they have been convicted wrongly.

Where do you stand?

PS: "Arise, awake and stop not till the execution is annihilated," said retired judge V.R. Krishna Iyer. "The measure of punishment in a given case must depend on the atrocity of the crime," said Supreme Court justices A.S. Anand and N.P. Singh on the Dhananjoy Chatterjee case.

(source: Narayan Ramachandran is an investor and entrepreneur based in Bangalore----Live Mint)

***************************

'Capital punishment a product of political play'



The execution of the mastermind of the 2001 Parliament attacks, Afzal Guru, and the implications it could have on Indian polity and thought formed the crux of a seminar against death penalty, held here recently, attended by noted litterateurs and intellectuals. The topic finds more relevance, as the hangman's noose awaits many undertrials across the nation, including the aides of forest brigand Veerappan.

Speaking on the occasion, noted lawyer and human rights activist Pugazhendi said, "The unusual haste shown by the government in this case has embellished the failure of democracy, wherein Guru's right to life was violated."

Stating that there have been precedents where the Supreme Court has overruled death sentences even after obtaining the President's assent, he added that the actions only proved political interests were at play. He also brought to note the fact that a whopping 80 % of appointments in the judiciary had been vitiated by politicians.

Striking a parallel,human rights activist 'Evidence' Kathir likened the ham-handed action of the Government in the case to the encounter deaths by the Police department. Ruing that vital departments such as Human Rights Department and other key investigative agencies have become mere puppets in the hands of the government, Kathir said that this was indicative of the growing intolerance in society.

Noted litterateur Manushyaputhiran, however, suggested that if the government itself was able to get away by committing such crimes, the actual fault lay not with it, but with the masses, who, in their deafening silence on the issue, have been complicit with the rulers. Such an attitude, he pointed out, was a dangerous trend, while criticising the media for virtually acting as kangaroo courts in passing their judgments on such people. "The nation would do well to reflect on its collective conscience. It must not allow fascism to fester again," he said.

(source: New Indian Express)

****************

Delhi gang-rape: Singapore hospital doctors depose before court today


3 doctors from the Singapore hospital where the Delhi gang-rape victim succumbed to her injuries, will depose before the fast track court hearing the case on Monday via video conference.

The doctors at the Singapore's Mount Elizabeth Hospital treated the victim, 23, after she was flown in to the country after her condition deteriorated. She was badly assaulted and her intestines were exposed owing to mauling with an iron rod.

An ortho-dental report has been prepared by the doctors, which will confirm that the bite marks found on the body of the victim match with the men arrested for the heinous act. One of the accused, aged 17, is being tried in a juvinile court.

One of the doctors who will depose before the court prepared an autopsy report when the victim succumbed to her injuries on December 29. The defence lawyers will cross examine the 3 Singapore doctors.

The trial is completely out-of-limits for the media.

The family members of the victims have demanded death penalty for the accused, including the juvinile, who is said to be the most violent among the group of 6 perpetrators.

Massive protests had broken throughout the country after the gang rape incident in national capital Delhi on December 19. The police has made 80 people witness, including the friend of the victim, who was with her on that fateful night and was thrashed by the goons.

(source: livepunjab.com)

*********************************

Not in favour of death penalty for rape accused: Justice Verma


Former Chief Justice of India J S Verma has said that he does not favour death penalty, including that for rape accused.

Addressing 'Conference of Peace', organised by Rotary International District 3080 at Indradhanush auditorium here on Sunday, Justice Verma said that majority of women welfare groups have suggested that death penalty will not be an effective deterrent against incidents of rape.

Talking about his report on amendments to criminal law, he explained that giving death penalty requires high standards of evidence which may not be available in certain cases. "In 26 years of service as a judge, I have awarded death penalty to only 2 accused and that was only when the convict was a repeat offender. But we have made new additions of offences of trafficking and stalking in the report," he said.

Stating that one of the important fundamental duties as mentioned in Article 51(A) is to abide by the Constitution, he emphasised, "Individual liberty is the need of the hour. Freedom of press is also important. Today, it is because of media exposure that the number of public interest litigations have gone up."

Rotarians from 76 clubs of the entire Rotary International District 3080 attended the conference.

(source: Indian Express)

******************

Death sentence in Rajiv case will mean double penalty: ex-judge


The former judge of the Supreme Court, K.T. Thomas, who headed the 3-member Bench that pronounced the final judgment in the Rajiv Gandhi assassination case, has called for its review as, he said, it would be unconstitutional to implement the ruling now.

On May 11, 1999 the Bench of Mr. Justice Thomas, Justice Sayeed Shah Mohammed Quadri and Justice D.P. Wadhwa pronounced the judgment in the appeal by the 26 sentenced to death in the case by the Special Court.

The apex court sentenced Murugan (A-3), Santhan (A-2), Perarivalan alias Arivu (A18) and Nalini (A-1) to death penalty. In a minority judgment, Mr. Justice Thomas commuted the Nalini's death sentence to life imprisonment, citing that she was led into the conspiracy and was not aware who the target was till the last moment. He also maintained that the child of Nalini and Murugan would be subjected to orphanhood if the mother too was sentenced to death penalty. Later, her sentence was commuted to life imprisonment by the then Tamil Nadu Governor Fatima Beevi.

Speaking to The Hindu, Mr. Thomas said he was expressing his opinion as the media had prompted him to respond to the issue. He cited 2 reasons for his present opinion. The 3 have been undergoing imprisonment for the past 22 years. Had they been sentenced to life imprisonment, they would have been able to avail themselves of certain beneficial provisions in the law for consideration of remission and relaxation after 14 years as provided by Section 433 (a) of Cr p.c.

Implementing the death sentence now would, in effect mean a double penalty for the crime, he said. "Law does not provide for it. This will go against the provisions of Article 21."

The judgment, while pronouncing the death sentence also failed to go into the antecedents, nature and character of the accused. In his 2010 judgment Justice S.B. Sinha called for considering the nature and character of the accused while awarding the death sentence. This was a flaw in the judgment, he said adding that the sentence part of the final judgment could be subjected to review.

Mr. Thomas said his original judgment to hang the three was based on the oath he took when he joined as a judicial officer that his personal views would not influence the discharge of his duties. According to him, he had expressed his opinion for a review of the final judgment of the State Vs. Nalini Case earlier also. As a judge at the trial court, he had awarded the death penalty on 3 occasions and at the apex court, the death penalty was awarded in three cases, including the Rajiv Gandhi assassination case, he said.

(source: The Hindu)

*********************

Following the 'farce' of Afzal's hanging it is time to abolish the death penalty


When people kill it is homicide. When the State hangs, it is legicide. When terrorists kill, it is collective murder.

When terrorists are killed, it is justified as counter-terrorism. When innocents are massacred, it is genocide. When the great empires of the day kill thousands of innocents it is called collateral damage for the greater glory of the world.

Afzal Guru's hanging was celebrated as national pride to symbolise that India and the Congress party had not gone 'soft'.

This was to offset the BJP's electoral campaign against the UPA's soft state. To the cynic and the thoughtful, Afzal's hanging became a political farce about collective revenge, national honour and electioneering for 2014.

If his hanging was a deterrent for terrorists in the Valley or otherwise, the facts belie the truth. If a chain of hangings are to follow, why talk of mercy?

Is India clear about the death penalty, state killings by hanging, mercy petitions and legicide?

Years ago mandatory death sentences were declared unconstitutional by the Supreme Court. From 1980 - 83, the new formula was death in the 'rarest of rare cases'.

Given shrill polities and social clamour for death, are we returning to de facto mandatory death sentences while retaining the de jure 'rarest of rare' clausula?

Recently on 2nd March 2012 Justices Alam and Desai opined that mandatory death sentences for all under the Narcotics Act were contrary to the Constitution's due process and civil liberties.

The BJP wants mandatory death sentence for all terrorists. Unable to contain the political implications of this clamour, the Congress has joined the 'mandatory' bandwagon.

Kashmiris protest against the hanging of Afzal Guru in Srinagar

Omar Abdullah took a pragmatic, not a principled, view that death for Afzal would shake up Kashmir. Instead it shook up Hyderabad!

Parliament dare not make death sentence for terrorists or rapists mandatory. It would be struck down. Instead this is achieved through politics, inciting people and numbing the conscience of the President.

The parliament attack occurred on 13 December 2001, and Afzal was arrested on 15 December 2001.

The High Court acquitted 2 accused, Geelani and Afsan, and on 4 August 2005 the Supreme Court convicted Afzal to death and awarded 10 years for Shaukat.

President Pranab denied mercy on 3 February 2013. After 6 hurried days, he was executed. The quality of mercy was not just strained but ignored.

Both Kasab and Afzal were hanged within days of the Presidential rejection of their mercy petition - ignoring the right to approach the courts to challenge the rejection.

Indeed, in 2013 the Karnataka High Court stayed the execution of Saibanna while it examined the legality of the presidential rejection.

Recently, the Supreme Court has stayed the execution of Veerappan's aides until it heard arguments on the rejection of mercy.

Afzal had no such chance. Afzal's wife was informed of the death 2 days later - by speed post, sent a day before the execution!

Home Secretary R K Singh said his family was informed. Indira's killer's family met the condemned before execution.

Mr. Singh deserves suspension and Minister Shinde removal for his outrageous defence of secrecy. But the body?

Surely the family have a right to the body rather than a State burial. They had, and have, a right to a namaaz-e-janaza.

Or is Afzal to be damned in the life hereafter? Don't quote Prison Rules. The government's alleged fear is that his tomb will symbolise martyrdom. Who can prevent that? Or a memory stone in his honour at Sopore?

Would the army crush it to pieces? Why punish Tabassum, Afzal's wife? Unmarked graves and unceremonious cremations was British policy that ill becomes a post colonial republic. Give Tabassum the body.

Innumerable convicts await death row - a death in itself. Unwise Law Minister Ashwin Kumar, who knows little law, seemed more concerned with speed than justice.

In Bachan's case (1980) the court factorised both the aggravated crime (public interest) and individuating of concern for the criminal (mitigating justice) as separate live elements in sentencing. The former could not drown out the latter.

Recently on 20 November 2012, Justices Lokur and Radhakrishnan exposed the sentencing error in looking at the crime and ignoring the criminal totally.

This is the flaw in the Machi decision's (1983) 'rarest of rare' test which seems to be on everyone's lips as they look at the crime and ignore the criminal.

The Supreme Court has now exposed a dozen of its own errors in this regard. What we have done is shocking: restored the mandatory death penalty by the back door.

The presidential mercy has become a farce. Mercy petitions are not a will-of-the- wisp. They have developed a culture of killing.

Imagine the Justices Radhakrishnan and Misra's distress on reading a trial judge's advocacy of slashing, beheading, lynching and death sentence as the only way to eliminate crime. That too, in a judicial verdict.

This is the state we have reached. A UN report states that over 150 countries have abolished or do not use the death penalty.

Building on earlier resolutions, in 2012, the General Assembly resolved for no more death penalties - supported by the African Republics Tunisia, Niger and South Sudan.

Even Afghanistan, Papua New Guinea and Indonesia abstained rather than vote against. One last comment: Judges should straighten out the law. Parliament should abolish the death penalty.

Tihar should deliver Afzal's body to his wife Tabassum.

(soure: The Daily Mail)






JAPAN:

Survey shows over 85% of Japanese in favor of death penalty, if not 'something worse'


The Research Panel website conducted a survey and asked of 29,364 Japanese them how they felt about the death penalty, this in the wake of the recent executions of 3 murder convicts. According to the survey, 85.2% of people responded that they are in favor of the death penalty, and 14.9% were against it.

On 21 February, Japan executed 3 convicts for murders including the kidnapping and death of a young girl, and a stabbing rampage that left nine dead. Those executed were Masahiro Kanagawa, Kaoru Kobayashi and Keiki Kano. These hangings drew outrage from Amnesty International and the Japanese Federation of Bar Associations, who made a statement saying they find "these executions unacceptable." Amnesty International called the Abe administration 'merciless' after these executions.

However, the Japanese government largely ignores these reactions and opposition by maintaining that the population at large is in agreement with their policy of penalty by death. This survey apparently supports that argument. These figures are in line with separate surveys conducted by major newspapers on their subscribers on the same issue. The percentages of readers who support capital punishment range from above 80% to 90%. It certainly seems that in Japan people are overwhelmingly in favor of executions. The reasons why they are in favor are typical of death penalty supporters around the world. A sampling of the reasons gathered by the Research Panel website show that they think "Keeping violent criminals alive is a waste of tax revenue," or that "if a loved one was killed in cold blood, it's only natural to want them to pay with their life."

A more surprising idea comes up when some of the reasons of the anti-death penalty crowd are analyzed. Apparently, there are opinions that convicted criminals deserve something "worse than death". Some are of the opinion that "ending a person's life by death is way too light a punishment." This only proves that while much of the developed world seems to be moving away from capital punishment, the people of Japan remain firmly in favor of it and are perhaps even willing to take things a step further.

(source: Japan Daily Press)



IRAN----executions

4 executed in Iran

3 people were executed in Qazvin, 1 in Behbahan yesterday.

APA reports that the district court had sentenced to the death penalty 4 prisoners accused of drug smuggling. Totally 5 kg and 51g various drugs were seized from them when they were arrested. Three prisoners were hanged in Qazvin prison and one in Behbahan prison after the Iranian Supreme Court approved the death penalty.

Iranian Human Rights Activists News Agency reported that 41 people were executed from January 21 to February 19.

(source: APA News)






NIGERIA:

The Death Penalty for Kidnappers in Bayelsa


Governor Seriake Dickson last week signed the Bayelsa State kidnap and allied offences Law 2013 last week, underscoring the seriousness with which the crime is regarded in the state. The new law prescribes the death penalty for anyone convicted of the crime. In view of the recurrence and deadly cases of kidnapping being recorded in many parts of the country, the law, with all the reservations of the deterrence effect of capital punishment, is however the best answer to a growing problem.

Human Rights activists and others are opposed to the law on various grounds; but the crime of kidnapping has reached epidemic proportions in Nigeria it would require the severest punishment as deterrent. Kidnappers have grown more daring, attacking and abducting their victims at will.

Regardless of age or nationality, victims are manhandled and generally taken to live in inhuman conditions while traumatised relatives are hounded for ransom. So very often, victims are killed during the kidnap attempt, or while in captivity, at the point of rescue, or even after ransom has been paid. More and more Nigerians are today afraid to travel home to their villages, out of fear that they might get kidnapped on the way.

In the face of apparent helplessness of the authorities, the kidnappers indulge in their nefarious activities, getting richer with each daring kidnap. They deliberately choose their victims: children of the wealthy or well-to-do individuals they believe would be capable of exchanging money for their life.

Some states, like Anambra, publicly demolish the homes and confiscate other property of known kidnappers. The deterrent effects of such measures have not been impressive. That is a harsher measure like the death penalty should be considered a painful but necessary one. That is the only way to stop them and deter others.

At a ceremony to sign the new law, Dickson described noted 'It is morally indefensible for young people, for whatever reason, to go under the cover of darkness, armed with illegal weapons, to terrorise villages and old people in their homes, and then forcefully abduct and rough handle them and take them as articles of trade.' It is obviously time to arrest this horrible phenomenon. It would be futile to treat such a growing national scourge with kid-gloves.

Even where the victims were able to return home safely, the trauma of having been in kidnappers' den is one that lingers for life. Many young children who had been rescued have had to suffer nightmares long after the incident. Any argument that kidnappers have not killed and must not be killed does not stand in face of facts because they often kill their victims.

The fact that they have been kidnapping foreigners has given the country another cause for unwelcomed scrutiny. The few foreign nationals that have been killed in attempted rescues have cost the nation dearly. This is not to talk of the many potential investors that may have been discouraged from venturing to do business in Nigeria.

Other countries also prescribe the death penalty for crimes other than murder, due to the harm the criminals inflict on the nation. In Saudi Arabia, drug-trafficking attracts the death penalty, in China high-level corruption is punishable by death, while in others trafficking in humans is also a capital offence. Kidnapping has become a crime of great national embarrassment and huge international implications.

The National Assembly may also consider a law similar to the Bayelsa's that would be applicable all over the country. It is time the authorities did whatever is and possible to stop the national menace of kidnapping.

(source: Editorial, All Africa News)


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