Elections Commissioner slams Supreme Court, police, PPM, JP over annulment of first round

Elections Commission President Fuwad Thowfeek has criticised the Supreme Court, the government, the police, Progressive Party of the Maldives (PPM) and the Jumhooree Party (JP) over the annulment of the first round of presidential elections held on September 7, the Supreme Court’s 16 guidelines for a revote and halt of the elections hours before the polls were due to open on Saturday morning.

Speaking on the Maldives Broadcasting Corporation’s (MBC) Raajje Miadhu (Maldives Today) program, Thowfeek said the Supreme Court annulled the first round of elections based on non credible and “bizarre” evidence. Thowfeek described the Supreme Court’s 16 guidelines as “restrictions” and called for a return to the time periods and tasks outlined in the Constitution and elections laws when a revote is held again.

President Mohamed Waheed Hassan has asked for an election on October 26, but Thowfeek said such a date was “impossible.” The Elections Commission is now considering either November 2 or 9 as dates for a new election.

“We agree we can hold elections on November 9. We believe it is important to see if we can hold an election on November 2. Because then, we can hold a second round by November 9,” Thowfeek said.

“We will do all we can to hold a presidential election. A presidential election needs to be held for the nation’s future to become clear. We need and appeal for the support of all political parties, citizens and government institutions to hold a new election,” Thowfeek added.

Below are excerpts from the interview:

Possibility of an election on October 26

“Not possible. Not possible. Everything one wants to do is not possible to do. If they had been wiser, we wouldn’t be in this situation today. But this situation is here now. And no doubt, there are parties who have to shoulder responsibility.”

Supreme Court’s annulment of the first round held on September 7:

“The first round was free, fair and transparent. However, in quite bizarre events, the case was submitted to the Supreme Court and the [vote] was annulled. The government and the PPM [Progressive Party of the Maldives] advocated in support of the Jumhoree Party who filed the case.

“The [Supreme Court] annulled the vote on bizarre evidence. For example, a person called Mohamed Waheed Hassan, may have his name on ID card as Mohamed Waheed. When we gave him the right to vote, they counted it as a fraudulent vote. But the ID card number, address, date of birth and photo is the same. About 1900 of these cases were identified. A person called Mariyam Waheeda, may have her name spelled as Maryam on one list and Mariyam on the other. We know it is Mariyam Waheeda. We know it is the same person, the date of birth is exact, the ID card number is the same, photo shows it is the right person. When we give these people the right to vote, [the Supreme Court] has said that is giving the right to vote to a person who doesn’t have the right to vote.

“Similarly, the problem of address, it is quite weird. I could have made my ID card when I was on the Haajaraage registry, but when I change my address to [Thalhamathuge], the ID I have is the previous ID [with a different address]. Even though I am now registered at Thalhamathuge, I still have the same ID card number, same date of birth, same photo. It is very clear it is the same person. We gave the right to vote to these people. And when we did that, [the election] has been annulled. Even if a person who has mismatches in address, if they go to vote with their passport, they can vote [passports do not have addresses on them]. There are over 2800 cases of address mismatches. They invalidated the election based on such evidence, and ordered a revote.

“Everyone knows, anyone who is responsible knows, what the Constitution says, who has jurisdiction over such cases, which court. However, outside of the law, they have submitted the case to the Supreme Court, the Supreme Court accepted the case and annulled the vote. They paved the path to today’s situation. This is very sad. But we need to go forward one way or another.”

Police role in halting elections on October 19

“The government assured us of its full support for a new election. But this assurance is not new. The government has always assured us of its support, and they have provided support [at times]. However, but when we are about to hold the election, we see the election being stopped. This time, it is the police who have stopped the election. It is the people who are supposed to prevent others from obstructing the election, who have obstructed the election today. The police were also ordered to provide protection, security of ballot boxes and papers. The police stopped the election using the excuse that all three candidates did not sign the voter registry. But the Supreme Court verdict does not give the police the authority to oversee that.

“The police refused to provide security. The verdict clearly says the police must accompany the ballot boxes and papers to the polling stations. But last night the police said they will not facilitate the process. If we dispatch the boxes without police cooperation, then the Supreme Court has the space to annul the election [again]. In addition to that, in the morning, when our officials left the office with documents, papers, ballot boxes, they stopped them. [They said elections officials] did not have the permission to leave the Elections Commission. They stopped the election. The police officers told our elections officials they had been ordered to stop anyone from leaving the Elections Commission building with any documents relating to the election. I know if [EC officials] had tried to disobey and leave, [the police] would have obstructed them, physically stopped them. The [EC officials] did not attempt to disobey, but they did ask the police why. And a sergeant there said this is what they had been ordered to do. They did not allow EC officials to leave the building with documents.

“I also believe, holding an election is something we must absolutely do. We must start work again to hold an election. A lot of money has been wasted. Approximately RF 30 million was spent on the annulled first round. For the second round, we spent RF 27 million and that election was forcibly stopped. And now, in this round, approximately over RF 25 million has been spent. I do not know the exact figures. We have to start again. It is a huge expense. We want the certainty, we must get the certainty that this time, when the work is completed, anyone, whether it is the police or anyone else, cannot stop the election. The defense minister has assured us of this. That there will be no obstruction in the upcoming work. But there is a higher authority than [the government], the Supreme Court. If there is a Supreme Court order [to halt elections], it will not be easy to find a solution. And also, most of the time, the Supreme Court issues orders at midnight. And it is not easy for an ordinary person to challenge such an order at that time. Hence, it is not easy to hold an election now. In addition to this, the Supreme Court 16 guidelines delineated in the verdict are restrictions. These are locks, blocks. With those locks, it will be very difficult for us to hold elections. But if we could hold an election according to the Constitution, Elections Laws and Presidential Elections laws, we will be able to hold a free election.”

Government’s role in next election [President Waheed appointed Defense Minister Mohamed Nazim as his representative on holding new elections]

“I do not know what Nazim’s role is. I was informed he is the government’s representative in this. I believe [his role] is to find agreement on the disputes between all the candidates. Some candidates have demands, and if we were to fulfill those demands, it will take more than a month. For example, one of PPM’s demands is to select a random 10 percent of the re-registration forms – note this is not forms with problems, but a random sample, and to verify the fingerprints on these forms. When I asked the Police’s Forensic Department, I was told checking a single fingerprint will take at least 5 minutes. This means in 24 hours of non stop work, only 288 records can be checked, 300 at the most. To check over 7000 forms will take more than 20 days. If we were to do so, there is not enough time before November 11. Even now, we only have 20 days between now and then [November 11].”

On the earliest date for a new election

“The Elections Commission believes it will take us 21 days to hold an election at the earliest. So if we start immediately, November 9 is the earliest date, with a shortened time frame for tasks. The Constitution, Elections Laws give a 60 day period to call an election if the post of President and Vice President are vacant at the same time. In addition to this, even to hold a by election for the local councils, a 45 day period is allocated.

“That period is given to complete all necessary tasks, such as publishing the voter registry, and giving the opportunity to check and revise the registry. Even if we were to say we want to hold a speedy election, not necessarily the best election, then within 21 days, with a lot of hard work, we can do it. However, this time, we did it within 11 days. But in these 11 days, we worked like slaves in Pharaonic times. All day, all night, until we fell over, we worked. When we fell over, we go and sleep for two hours, washed our faces and started work again. That is to achieve the tasks in the Supreme Court’s supreme order. Our staff destroyed themselves working [like that]. But however, ultimately, at the last minute when we were about to dispatch the ballot boxes, the police refused to support us. They made it so that [an election] could not be held. Our staff are disheartened, saddened, concerned, hopeless. It will not be easy to make our staff work like Pharaonic slaves again. Earlier they sacrificed themselves for a national cause. But the police did not accept [our work].”

EC database compromised after SC access to data

“If you were to [meet all the demands of the political parties] it is not possible to hold an election within 21 days. We do have questions over whether our server is being accessed. Our data is being destroyed. With the Supreme Court case, we had to submit a lot of information about our computer systems to the Supreme Court, including many records of logs, technical information, and involve the NCIT [National Center for Information Technology] in it.

Previously, access to the system was very restricted to very few people, not just anybody could access it. But now the system is open. Now we are seeing people accessing and changing our database. No one had the opportunity to access the system in the annulled first round of presidential elections. People are destroying our data. So we cannot give that kind of certainty they [political parties] want, NCIT cannot give that kind of assurance now either. Earlier, they said they could not notice any external access in the annulled first round of election. They have not said anything yet [about the revote]. But I am certain, I know that if they check now, they will find there are ways for people to access the database. Because we see changes that should not take place happening to our data.”

On JP and PPM’s refusal to approve voter registry

“As far as I know, their signature is required to ensure that the voter list present at the polling station has been prepared by the Elections Commission. No matter how much they check, they cannot verify the information of 239,000, people unless they have two to three years. No matter how clever they are they will need at least six months to check and approve the voter registry. We cannot hold an election as they want to. The Maldives will never be able to hold an election according to their demands. So far in the Maldives, elections have not been held the way candidates want. Elections Commission will decide what to do. Elections must proceed on the Elections Commission’s decisions. If medical care were to be given as the patient wants, then what is the use of doctors? I do not believe an election can be held according to their demands.

“We followed the Supreme Court’s guidelines. The only task that was not completed was the signing of the voter registry by the representatives of the PPM and JP candidates. They failed to do what the Supreme Court order ordered them to do. Because of their failure, the police refused to allow the election to proceed. They stopped the election. Because of that, the Maldives is in a dangerous situation. The state is very vulnerable now.

“It is not easy for us to hold an election according to the Supreme Court’s restrictions. Before we hold a new election, we want to check and clarify with the Supreme Court if we have to permanently follow [the guidelines]. The official in charge of the ballot box is not allowed to carry a phone. In no other place in the world, does a Supreme Court make a decision like that.”

Calls for a return to holding elections within constitution and elections laws

“The problem here is that we are acting outside the law. Otherwise, we do not have to ask anything of the candidates. The laws state the time for this task, that task. These time periods have been written in the law and these laws have been ratified. We have to obey them and the candidates have to obey them as well. If we were to discard these laws, then we have to get approval of the candidates or else they will have the opportunity to raise problems and not accept the results. This is what will happen in a next election. But if we were to go back inside the laws, then the time periods have to be obeyed by the Elections Commission, by the state institutions and all candidates.”

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MDP protest against cancelled election: photographs

Supporters of the Maldivian Democratic Party occupied the main thoroughfare of the capital Male’ yesterday, after police forcibly prevented the rescheduled presidential election from going ahead.

Thousands of protesters gathered on Majeedhee Magu to sing, smoke sheesha, barbecue, play cards and declare their desire to exercise their democratic right to vote.

They also gathered to listen to their presidential candidate Mohamed Nasheed, who gave a rousing speech to his supporters.

“I assure you, we will not step back. They can beat us. They can arrest us, but this ideology cannot be erased. We will establish good governance in the Maldives,” he said.

Click here to for pictures of yesterday’s demonstration

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Nasheed calls for Waheed to resign, transitional government to oversee elections under Speaker before Nov 11

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have called for President Dr Mohamed Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Police yesterday surrounded the Elections Commission in the early hours of the morning and forcibly prevented it from proceeding with the scheduled election, in the apparent absence of explicit orders to do so from either the courts or the executive. Police had previously obstructed run-off elections due to be held on September 28.

Chief Superintendent Abdulla Nawaz told press yesterday that police had “made the decision ourselves” after “seeking advice” from, among others, President Waheed and Attorney General Azima Shukoor. Nawaz did not respond to questions as to whether police had the authority to halt the election, or whether they accepted they were stepping beyond the boundaries of their mandate.

“After we won the first round of elections handsomely on September 7 it became clear to our opponents that they don’t have the support of the people of the country, especially Dr Waheed, who ended up with five percent of the vote,” Nasheed told foreign reporters in Male on Sunday morning.

“We do not now feel it is possible to have an election with Dr Waheed as president, Mohamed Nazim as Defence Minister, and Abdulla Riyaz as the Commissioner of Police,” he said.

“It has become very evident that they have obstructed these elections, and very evident that they are trying to take this country into an unconstitutional void, and then capture long term, unelected military power,” he added.

Asked by reporters whether the MDP would take part in an election without President’s Waheed’s resignation, he confidently replied: “If he doesn’t, you can rest assured that there won’t be an election. They might announce it, but there won’t be an election.”

The government yesterday was pushing the Elections Commission to reschedule a third attempt at elections next week on November 26, however Elections Commissioner Fuwad Thowfeek said it would take at least 21 days to re-register the tens of thousands of voters returning home after the Eid holidays.

Thowfeek did raise the possibility of elections on November 9, just two days before the end of the presidential term on November 11 – the deadline for constitutional and potentially international recognition of the present government’s legitimacy.

“We believe that the only prudent way forward, and possible solution for the situation, is for Dr Waheed to today resign and the Speaker of Parliament to take over government before November 11 and until the election,” said Nasheed.

“We want elections to be held under this [environment], and not under the unelected, unrepresentative rule of Dr Waheed. This is our view. We don’t see any reason why there should be any more negotiation on an election date or any such issue, but rather we feel Dr Waheed should resign, and Abdulla Shahid take over,” Nasheed said.

“We feel this must happen in the next few days as time is running out.”

President Mohamed Waheed raised the prospect of resignation himself in an interview yesterday with The Hindu, stating that while it was not in the interest of the country “to have an election forced on it”, he had no interest in remaining in power beyond November 11.

“I am not comfortable to stay on. It would be my preference that there be an elected President. And it would also be my preference that if this is not possible, then there would be some other arrangement made,” Waheed told The Hindu.

Waheed – who has withdrawn from the election – said he was confident he would be able to convince all candidates to participate by threatening his resignation. If they did not, “I will tell them I will resign, and then, so will the Vice-President. After that, the responsibility will fall on the Speaker [to assume office],” Waheed said.

Speaker Abdulla Shahid told Minivan News: “It’s quite clear from the statements made by the police and executive that they halted yesterday’s scheduled election. The President has to take responsibility for that.”

“The constitution is quite clear on the responsibilities of the Speaker [should the president resign]. As speaker I will always carry out my constitutional duties,” he said.

Protests and international assistance

Sit-down protests that sprang up across Male yesterday following the police obstruction of elections were not planned by the Maldivian Democratic Party, Nasheed said.

“The people came out. It is going to build up. If the MDP doesn’t give leadership to these protests, we will soon see them get out of hand,” Nasheed said.

He dismissed the prospect of the MDP encouraging violent protests, noting that “of the 40-odd struggles for democracy across the world in the last century, only four have succeeded through violence.”

“I think it is very evident that a capacity for violence is not necessarily going to give us the success or democracy that we want. I think the capacity for resilience, and to withhold, will give us better results. We will have that struggle,” he said.

“We will go for direct action and peaceful political activity. We will beg the international community to assist us. We will always request well-wishers to be party in the democratic struggle in the Maldives,” Nasheed added.

Many rank-and-file members of the police and military were supportive of the MDP, if not the democratic process, he observed.

“The rank and file are well with us. There was one ballot box specifically for police and military, in Addu Gan. We got 70 percent in it. The vast majority of the police and military are voting for us,” Nasheed said.

He said the party was not interested in instigating a conflict between the security forces, noting that this would have a “a very serious effect on Indian Ocean stability.”

Nasheed appealed to the international community to step up its assistance with election logistics.

“I don’t think asking for an election to be secure is asking for an invasion or meddling with the internal affairs of the Maldives. We are simply asking for assistance with the logistics of holding an election. If you see this as foreign intervention, then that is a reflection on how xenophobic you yourself are,” Nasheed said.

“The international community have assisted with other logistics such as printing and IT. All in all the US has spent US$3 million, about the same as the Commonwealth, and probably the Indian government. We only asking them to assist the Elections Commission with logistics, and distributing and safeguarding ballot boxes.

“What more honourable request can a country make than asking for help with an election? We are not asking the international community to bomb anyone. We are simply asking them to look after the boxes, and left the people decide what they want,” Nasheed said.

He said he also hoped for “more robust international engagement to make sure that these important transitional arrangements are made. We don’t think we ourselves alone can overcome this.”

“We must isolate Waheed. He was the main instigator of the coup and he got away with toppling an elected government. He has nullified the first round of elections, nullified a very successful second round election, and yesterday nullified a repeat of the first round. The list goes on,” Nasheed said.

The MDP would be meeting on Sunday afternoon to decide on specific action to take, he noted.

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Social media storm surrounds “national hero” Thowfeek

The Chair of the Elections Commission (EC) Fuwad Thowfeek has been under heavy fire from supporters, politicians and presidential candidates belonging to both the Progressive Party of Maldives (PPM) and the Jumhooree Party (JP).

Thowfeek has been subjected to heavy criticism ever since  the Elections Commission announced the preliminary results of the first round of presidential election held last September 7 – which eventually came to a bitter end after the Supreme Court annulled the poll on the grounds of irregularities and discrepancies.

After consulting a secret report by the police, the court found that discrepancies amounted to a “systematic failure”.

More verbal attacks from supporters of the JP, led by resort tycoon Gasim Ibrahim, and former autocratic ruler Maumoon Abdul Gayoom’s PPM followed after the EC yesterday announced it could not hold the re-scheduled poll, after police refused to cooperate with the commission and prevented the election from taking place.

Since the disputes concerning the elections arose, Thowfeek has been subjected to massive criticism – including personal attacks launched against him, his wife and his family. Supporters of both PPM and JP used Twitter and Facebook hash-tags #FraudThaufeeq and #FraudFuad as part of the attacks directed at him, while Thowfeek himself has said he and his staff have received death threats.

The criticism not only limited to just verbal attacks. Thowfeek was also depicted in photo-shopped pictures suggesting his independence had been compromised. One of the photos depicted him being tied to a chair and held at gun point by the opposition Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed.

National Hero

Alternatively, hundreds of Maldivians on social media have also appeared in support of Thowfeek, with some labelling him a “national hero”.

A Facebook page titled “Our Heroes” also appeared yesterday shortly after the EC’s decision to call off the election, that quickly received more than 5,300 followers less than 48 hours after it first appeared.

“This is a community page to express our heartfelt thanks and gratitude, admiration and respect, to the People’s Heroes: Fuad Thaufeeq and his dedicated team working tirelessly for our right to vote,” read the page’s introduction.

The page posted messages of gratitude to Thowfeek received from users who followed the page.

“If anyone is to get a medal of honour, it is you Fuad and the rest of your team. We Maldivians love you all,” read one such statement.

Another supporter wrote on the page, “Thank you so much for standing up against the corrupt and working tirelessly for a better Maldives”.

“EC team has shown professionalism to a heroic level. Proud of you, EC team,” wrote another person.

Supporters also uploaded posters expressing gratitude to Thowfeek and the EC’s work. One such poster, 10 year-old Imaan, gives the EC an ‘A plus’ for “For being fair, fighting for our rights, trying very hard and not giving up”.

Meanwhile on twitter, supporters of Thowfeek used the hashtag #InFuadweTrust to convey their messages of gratitude.

“Where there is a Fuad, there is a way,” one individual tweeted.

“Saddest day at work”

Amidst the comments on social media, Thowfeek told local media that Saturday had been his  “saddest day at work”.

“I have never experienced such a big disappointment in my life. A large number of public funds are being wasted every time. This is my greatest disappointment. It is hurts to know that our efforts put in the past 11 days, day and night did not bear any fruit. The last five years, I haven’t seen my staff so let down. They appear like they had been beheaded,” Thowfeek told local newspaper Haveeru yesterday.

The EC earlier announced that it had decided to take “no rest and no sleep” until it was able to hold the presidential election -scheduled for Saturday but blocked by police at the last minute.

The unrelenting efforts by the EC  to hold the poll were stalled after the police refused to cooperate with the commission. The police argued that the EC had failed to fulfill one of the prerequisites mentioned in the Supreme Court guideline, requiring presidential candidates or their representatives to sign and have their fingerprints on the voter lists that were to be sent to polling booths.

“Come to think about it, I have never seen a group of people who have worked this hard. Some of them continue working even as they keep falling asleep. When ever they doze off, they wake themselves up and start working again. They worked to the extent until they collapse, they were only able to continue because of their courage and determination,” Thowfeek said.

“They worked so hard and yet no result came out of their hard work. Their grief and hurt would be much greater than mine. They would be far more disappointed than I am,” he added.

Shortly after the EC called off the election, an official from the commission told Minivan News that “Thowfeek was up for over 48 hours just to keep up the moral of EC staff”.

The official praised Thowfeek for leading by example and making himself available to EC officials and staff at all times to alleviate concerns during their efforts to prepare for presidential election in just 11 days.

“While the other commissioners are good, Commissioner Thowfeek is something else, he is inspirational and we salute him,” the official said.

Despite the EC’s efforts not resulting in an election, Thowfeek appeared confident.

“I will not bow down and go home. Because I do not see it as a solution to the problem. I will renew my hopes. I will give my maximum strength until an election is decided. People are hungry for elections,” Thowfeek said.

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Waheed threatens candidates with resignation should they not agree to polls: The Hindu

Under siege by the international community for failing to hold the re-scheduled first round of Presidential polls on Saturday, Maldivian President Mohamed Waheed said that it was “in the interest of the country that an election was not forced” on it, in an interview with R. K. Radhakrishnan of The Hindu.

So did police overreach its mandate in holding the Elections Commission officials hostage early on Saturday morning? “Clearly the police also felt that they were also breaking the law if they went ahead. And we believe that in the greater interest of peace and security, it is important for us to have better consensus among the candidates and the institutions so that we can have a peaceful election,” he said.

Mr Waheed said he had stayed away from leading the poll process since he was candidate in the first round. “Until now I was in the backseat. Now, I feel I have to give more direction and help the process,” he said, and added that a new President will be elected and he will take office by November 11.

He would work to make the poll process free, fair and inclusive. He said that he would be able to convince all candidates to agree. If they did not, he said he would use the resignation card: “I will tell them I will resign, and then, so will the Vice-President. After that, the responsibility will fall on the Speaker [to assume office as President as per the Maldivian Constitution].”

Asked if he will stay on after November 11 in a scenario where the elections have not been held, he said: “I am not comfortable to stay on. It would be my preference that there be an elected President. And it would also be my preference that if this is not possible, then there would be some other arrangement made.”

Full story

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Maldives election chaos fuels ‘banana republic’ fears: AFP

“The Maldives embraced multi-party democracy in 2008 hoping to emerge a modern nation. Five years on, there are fears the honeymoon islands are becoming a ‘banana republic’ ready to implode,” writes the AFP.

“The political crisis came to a head Saturday when police blocked elections designed to restore stability after the first democratically elected leader, Mohamed Nasheed, was toppled 20 months ago.

But observers say there should be no surprise at the turmoil as key institutions are still run by followers of the country’s long-time dictator who never accepted Nasheed’s 2008 victory.

‘After a long tradition of one-party rule, the Maldives is now fast becoming a banana republic,’ said regional defence analyst Iqbal Athas.

‘My real fear is that all this political unrest can turn into violent chaos,’ added Athas, associate editor of the Colombo-based Sunday Times.

Athas said instability could have consequences for regional security because of the huge Indian Ocean trade.

The 1,192 tiny coral islands of the Maldives may be home to only 350,000 mainly Sunni Muslims.

But scattered some 850 kilometres (530 miles) across the equator, they are an important location along east-west sea trade.

Pro-Western Nasheed, a former Amnesty International prisoner of conscience, was forced to resign following a mutiny by police who are still thought to be loyal to former autocrat Maumoon Abdul Gayoom, 75.

It was the same police force that prevented the independent Elections Commission from going ahead with Saturday’s presidential poll, which Nasheed, 46, was widely expected to win.

Given that Nasheed was widely forecast to win an outright majority in Saturday’s vote, its scuttling came as no surprise with the Supreme Court having also played its role.

Nasheed’s main challenger, Gayoom’s half-brother Abdullah Yameen, was a distant second to Nasheed in a the first round of voting held on September 7.

But the result was annulled by the Supreme Court last month following allegations of irregularities in voter lists, although foreign monitors gave the polls a clean chit.

By stipulating that all candidates had to approve the voter lists, the court effectively gave Nasheed’s challengers carte blanche to block a vote they were sure to lose.”

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