Category: Politics

Civil Court rejects Nasheed stay order on Hulhumalé Court bench changes

The Civil Court has decided “there are no grounds” to grant a stay order asking the Judicial Services Commission (JSC) to halt the process of reappointment of the Hulhumalé Magistrate Court.

The order was requested by former President and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed, who is challenging the assembly of the bench tasked with trying him for the detention of judge Abdulla Mohamed while in office.

In the hearing held yesterday (February 15) at 4pm, the presiding judge stated that the stay order cannot be granted as the court has not found that the JSC is bringing changes to the Hulhumalé Court bench.

Meanwhile the Bar Human Rights Committee of England and Wales (BHRC) has expressed concern over the “sudden resumption” of Nasheed’s trial, noting that the committee is closely monitoring the developments.

The BHRC said it had closely followed the case for almost two years. Previous observation of the case led the committee to describe the Hulhumalé court bench as “cherrypicked to convict”, prompting calls for “fundamental reform of the judiciary and its administration in the Maldives”.

In answering Nasheed’s stay order request, the JSC has previously denied that it is bringing any changes to the court, also claiming that it does not currently exist as the two out of three of the magistrates first appointed have now been promoted to superior courts.

Saturday’s trial saw the JSC raise a procedural issue, stating that while the commission has the authority and power to allocate and transfer judges, the Civil Court does not have the jurisdiction to deliberate on the legality of the Hulhumalé Magistrate Court bench as the bench was appointed on the Supreme Court’s advice.

The JSC lawyers also contended that the decision was not made by the Judicial Council as claimed by Nasheed’s lawyers, as the responsibilities and authority of the council have been taken over the Supreme Court.

Procedural issues

Nasheed’s lawyers asked whether the JSC is claiming that the Civil Court cannot deliberate on the matter because the commission interprets the Supreme Court’s advice on appointing the bench as a court ruling or because the JSC does not believe Civil Court has jurisdiction on the matter.

The JSC lawyers responded by stating that the “procedural issue is based on Supreme Court’s decision”.

In Nasheed’s challenge at the High Court regarding the legality of the Hulhumalé Magistrate Court bench, the JSC raised a similar jurisdictional issue, with the High Court deciding that it did not have jurisdiction to look into the matter, saying it could only deliberate on decisions taken by lower courts.

In reply, Hisaan Hussain from Nasheed’s legal team explained that Article 43 (C) of the Constitution afforded every citizen the right to appeal against any administrative decision and that “therefore we are appealing JSC’s administrative decision to convene the magistrates panel”.

Subsequently, the JSC clarified that the procedural issue was based not on jurisdictional grounds but because the commission believes that the Supreme Court’s advice on appointing the Hulhumale’ Magistrate Court bench is the court’s ruling.

At that point, the presiding judge stated that the Supreme Court had issued a circular that “changes the composition of the Civil Court by 12am tonight (by 15th February)”, explaining that “I cannot assure you that I will be sitting on this appeal after the said changes; therefore I cannot give out court summons for the next hearing.

Nasheed’s legal team also requested more time to discuss the case with the legal team and lawyers based outside Maldives.

The controversial court was formed specifically to oversee Nasheed’s trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed. Legal challenges to the court have seen the case stalled since April 2013.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has also noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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Amnesty to investigate reports of Nazim’s “arbitrary” detention

Amnesty International have announced they will be looking into the detention of former defence minister Colonel (retired) Mohamed Nazim.

“Amnesty International is investigating reports of arbitrary arrest of former defence minister, Mohamed Nazim, and his detention condition,” tweeted the NGO’s South Asia Specialist Abbas Faiz.

Nazim was arrested on February 10 and remanded in police custody for 15 days on charge related to illegal weapons allegedly discovered in his home on January 18.

A police statement issued the following day claimed to have found documents in a pen drive confiscated from Nazim’s house during a midnight raid on January 18 suggesting he “was plotting to physically harm senior Maldivian state officials.”

“In addition, police intelligence has received information that he was plotting with various parties to overthrow the government,” the statement read.

Nazim’s legal team have claimed that the pistol, ammunition, and explosive device found in the former minister’s home were planted by investigating officers – claims the police have denied.

After his dismissal two days after the police raid, Nazim suggested that no Maldivian could be assured of safety.

Both the president of the religious conservative Adhaalath Party and the opposition Maldivian Democratic Party (MDP) have expressed similar concern in recent days.

“It is very likely that in the near future many others like Nazim will be thrown into jail cells like him,” read a tweet from Sheikh Imran Abdulla yesterday, followed by the ‘justicefornazim’ hashtag.

Similarly, MDP Chairman Ali Waheed told crowds at an opposition rally this weekend that Nazim’s sudden fall was a concern.

“The day before yesterday the defense minister was hailed and deemed trustworthy. Now he is in a jail cell accused of crimes of a magnitude never seen before in Maldives,” said Waheed.

Deputy Leader of the Jumhooree Party Ameen Ibrahim also noted that the public must be 100 percent assured of the former defence minister’s safety.

Last month, Amnesty published a report to be submitted to the UN Human Rights Council which argued that the human rights situation has deteriorated in the Maldives over the past four years.


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Opposition street demonstrations head into third consecutive night

Additional reporting by Mohamed Saif Fathih and Ismail Humaam Hamid

The opposition coalition will hold a third consecutive night of protest in the capital Malé tonight (February 14).

After hundreds gathered on the corner of Fareedhee Magu on Thursday and Friday nights, protesters and speakers called for President Abdulla Yameen’s resignation.

Criticism of the recent arrest of defence minister Colonel (retired) Mohamed Nazim by speakers at this weekend’s protests was joined by further support for the minister from the religious conservative Adhaalath Party.

Despite a strong police presence on both nights, there was little unrest and no arrests, with police spokesmen describing the demonstrations as peaceful.

After previous support from party President Sheikh Imran Abdulla following Nazim’s arrest on charges of plotting a coup last week, Imran yesterday suggested no one was safe from arbitrary arrest.

“It is very likely that in the near future many others like Nazim will be thrown into jail cells like him,” read a tweet from Imran yesterday, followed by the ‘justicefornazim’ hashtag.

While the party is not officially part of the ruling Progressive Coalition, the Islamic ministry is headed by party member Dr Mohamed Shaheem Ali Saeed, and has so far rejected overtures to join the opposition’s campaign to ‘defend the constitution’.

“By saying that Adhaalath Party supports the current government, we do not mean that we agree with all their actions,” read another tweet from the party president earlier this week.

Adhaalath spokesman Ali Zahir – who recently joined Nazim’s legal team – was not responding to calls at the time of publication.

Speaking at Thursday night’s rally, MDP Chairman Ali Waheed suggested that the government was removing all internal opponents, one minister at a time.

“The day before yesterday the defense minister was hailed and deemed trustworthy. Now he is in a jail cell accused of crimes of a magnitude never seen before in Maldives,” said Waheed.

Nazim’s lawyers have suggested that weapons police claim to have found in his home on January 18 were planted. Police last week claimed to have found evidence the minister “was plotting to physically harm senior Maldivian state officials” on a pen-drive obtained during the search.

Waheed suggested on Thursday evening that dismissals from within the police were imminent, while JP leader Gasim told crowds that further splits within the ruling party would soon result in the defection of Progressive Party of Maldives (PPM) MPs to the opposition.

During yesterday’s protest, MDP MP Rozaina Adam reportedly described the country as having “Stockholm syndrome”, referring to what she described as society’s apathy in the face of government oppression.

Maamigili MP Gasim also blamed the president for the current difficulties being faced by educational institutions involved in land disputes with the government, which has prompted fears that courses will be disrupted.

“We do not have to ask anybody to resign,” Gasim told the crowds. “According to the CoNI report this govt does not have legitimacy. I call on relevant institutions to assume the responsibilities of presidency accordingly”.

Opposition leaders have suggested the withdrawal of Gasim’s JP from the governing coalition mirrors the circumstances described in the Commonwealth-backed Commission of National Inquiry (CoNI) report into the controversial resignation of MDP leader Mohamed Nasheed from the presidency in 2012.

The report suggested that Nasheed’s government had lost legitimacy after coalition partners pulled out in the early stages of his administration.

Gasim himself was one of those who left the governing coalition in 2012, subsequently spearheading anti-government protests before rising tension led to a resignation Nasheed maintains was given under duress.

The CoNI report also pointed out that the MDP never enjoyed a clear majority in the 17th Majlis, a problem not currently shared by the Progressive Coalition, which has 49 seats in the house – with 11 members having switched to the PPM since last year’s polls.

Nasheed has argued that a succession of failed coalitions suggests the country should adopt a parliamentary system – previously rejected in a 2007 referendum.

While PPM spokesmen were not responding to calls at the time of publication, the President’s Office said it had no comments to make on the rise in street activity.


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Police deny framing Nazim as former Commissioner alleges politicisation

The Maldives Police Service (MPS) has denied allegations it is framing former defence minister Colonel (retired) Mohamed Nazim, who faces charges of plotting to overthrow the government.

In response to the claims made by Nazim’s legal team that dangerous weapons were planted in his home, police stated that “nothing was done in violation of procedures, regulations and laws in the investigation of the case”.

“Saying that police brought items into Nazim’s apartment” is untrue, read the police statement, describing such accusations as “baseless” and as “efforts to accuse the police in order to deceive the public to achieve particular goals”.

Nazim’s legal team – which alleges officers spent ten minutes unsupervised in his room during the raid – has appealed against the Criminal Court’s decision.

Meanwhile, former Police Commissioner and Jumhooree Party MP Abdulla Riyaz has expressed concern over what he described as “politicisation of the police”.

In a joint rally by the opposition Maldivian Democratic Party (MDP) and the JP last night Riyaz suggested: “We are now witnessing the realization of political agendas through the police force.”

“When I was there, the institution was free from political influence,” he added.

Riyaz was appointed the Commissioner of Police immediately after the resignation of President Mohamed Nasheed on February 7, 2012, following a mutiny by sections of the security forces.

He was replaced after President Abdulla Yameen assumed presidency in November 2013, joining the then pro-government Jumhooree Party soon after and winning the Kinbidhoo constituency seat in the 2014 Majlis polls.

While the police received extensive criticism from opposition groups for their role in the transfer of power, and the brutal suppression of protesters the following day, Riyaz himself was investigated by the Police Integrity Commission for appearing to campaign against Nasheed’s 2013 presidential bid.

Riyaz re-posted a letter he claimed to have been sent, urging the police to “say no” to Nasheed on election day, just as they had on February 7.

The MP announced he would be joining Nazim’s legal team shortly after his arrest earlier this week, as did Adhaalath Party Spokesman Sheikh Ali Zahir.

Riyaz was not responding to calls at the time of publication.

Foul play

Nazim’s lawyer Maumoon Hameed told Minivan News today that police officials had informed the Criminal Court under oath that the investigation had been completed and sent to the PG’s Office.

Yesterday’s police statement, however, noted that investigations into his case – including the “forensic process” – had not been concluded.

“Virdhan from Maldives Police Services who was under oath, stated in the remand hearing that although some forensic work is not fully complete, the investigation of the case has been completed,” explained Hameed.

Therefore, he said that the legal team has today asked the Criminal Court to provide them with transcripts or audio recording of the remand hearing.

He also stated that they have submitted a defamation case against the Commissioner of Police Hussain Waheed for telling the press on January 29 that an improvised explosive device was found in Nazim’s home.

Hameed argued that the explosive device had not been found during the initial search, and was not listed in a record of items found, explaining that police only announced its discovery days later after an analysis conducted without independent oversight.

The legal team has also raised questions over why Nazim was arrested after more than 20 days had passed since the police raid on his residence.

He was dismissed as the defence minister two days after the January 18 raid, which police have maintained was ordered without knowing the identity of the residents.


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MDP concern over stalled Majlis investigation into Ibthihaal case

The opposition Maldivian Democratic Party (MDP) has voiced concern over the slow pace in which the Majlis investigation into the death of 3-year-old Mohamed Ibthihaal has been proceeding.

MDP MP Rozaina Adam said that, despite the government oversight committee receiving reports from the relevant authorities a week ago, a meeting has not been scheduled.

“We have been pleading and begging with the committee chair Riyaz Rasheed to schedule a meeting,” said Rozaina. “This investigation is getting stalled because a meeting has not been scheduled.”

The motion to investigate the death of the boy from Vaavu Rakeedhoo-year-old, who was found dead on January 28 with signs of severe physical abuse, was proposed by Rozaina, fellow MDP member Ahmed Falah, and Jumhooree Party MP Moosa Nizar.

Government oversight committee chair Riyaz Rasheed, of the ruling Progressive Party of Maldives, was not responding to calls at time of publication.

He explained last week that the first hearing into the case had been adjourned after most members of the committee requested more time to analyse the recently received documents.

Commenting on the reports given by the police, Rozaina said that the details given consisted only of events which occurred after Ibthihaal’s death, and did not have any details of the events leading up to his death.

Rakeedhoo island councilor Abdulla Rasheed had previously told Minivan News that the council had informed authorities Ibthihaal was being abused prior to his death.

Rozaina also said that the reports revealed police had not informed the Family Protection Agency (FPA) of the case, as required by Article 14 of the Domestic Violence Act, which states that the police shall inform the authority if any member of the police is present at the scene of an incident of domestic violence or when the incident is reported.

She said that the FPA has been facing severe budget constraints as it has not been able to obtain finances, since money was not allotted to the authority by the parliament as per Article 55 of the Domestic Violence Act.

“The PPM majority budget committee did not hold meetings with the FPA. In addition, the FPA has informed us that it is being run by only two to three staff members,” she said.

FPA staff have confirmed to Minivan News that they have only three technical staff members, with Policy and Advocacy Director Aminath Leena Ali saying this was “not even close” to enough staff to deal with the current workload.

She noted that there had been an increase in reports of abuse since news of Ibthihaal’s death broke. NGO Advocating the rights of Children has described the rise in reported incidents as the “tip of the iceberg”.

MP Rozaina went on to accuse the government of negligence, saying that the gender ministry has no parliament-approved minister. The ministry has been headed by Attorney General Mohamed Anil since its creation in July last year.

In addition, she said that the gender ministry’s child helpline 1412 has stopped functioning, and is not picking up calls.

“Ibthihaal’s murder illustrates when the government does not adequately address social issues,” said the Meedhoo MP.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) – who is also conducting investigations into Ibthihaal’s death – released a press statement last night urging media outlets to not publish articles which might hinder its investigations or mislead citizens.


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India rejects “baseless” media claims regarding defence cooperation

The Indian High Commission in Malé has issued a press release seeking to clarify what it argues are “baseless claims” in media reports regarding bilateral cooperation on defence.

“The High Commission of India notes with concern recent media reports about India-Maldives defence and security co-operation and other issues containing blatantly false information,” read this morning’s statement.

It follows a number of stories in Maldivian media which suggested India had refused to train Maldivians to pilot the helicopters, donated to the Maldives National Defence Force (MNDF) in 2010 and 2013 .

It was also reported that the Indian pilots who currently man the Kurangi helicopter (meaning frigate-bird in Dhivehi) had conducted unauthorised flights.

Kurangi is currently stationed at Gan International Airport in the southernmost Seenu Atoll. The aircraft is intended for use for search and rescue operations and surveillance within the Maldives exclusive economic zone.

“The Indian crew members, who provide technical support, are under the operational control of MNDF and can fly Kurangi only on authorisation by MNDF,” said the Indian High Commission.

“Hence, the accusations made in media reports that the crew of Kurangi flew across some areas of Maldives without orders are totally baseless and completely false.”

Maldivian news outlets had attempted to link alleged requests for more Indian pilots – for the second helicopter, currently still in India – to accusations of an attempted coup by former defence minister Mohamed Nazim.

The High Commission said today that the second helicopter – accepted by Nazim during an official visit in December 2013 – has been painted in Maldivian colours and is awaiting the establishment of necessary infrastructure.

In the months prior to his dismissal and subsequent arrest, Nazim had announced his intention to convert Kadhdhoo Airport in Laamu Atoll to a military facility.

Suggestions that Maldivians had not been given the opportunity to operate the helicopter in Gan were also rejected by Indian officials today, as were claims that no Maldivian officers were being trained.

“It has been India’s constant endeavour to ensure that Maldives is self-sufficient in operating these assets gifted by India and towards this end several training programs are offered for Maldivian defence personnel in India.”

Today’s statement explained that one flight engineer and one technician from the MNDF had completed ALH training in November 2014, while two more slots had been offered for 2015.

“In the preceding year, around 150 MNDF officers were trained in various defence institutions and colleges in India. Capacity building has been a key area of co-operation in India-Maldives bilateral relationship,” read the statement.

MNDF spokesmen were not responding to calls at the time of publication.

Today’s statement marks the second time in recent months that the High Commission has moved to correct reports regarding its affairs, with a press release in November denying suggestions made in the People’s Majlis that India had discussed joining China’s Maritime Silk Road project.

The ruling Progressive Part of Maldives subsequently blamed the opposition and associated media outlets for the confusion over the silk route issue.


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Civil Court orders halt to seizure of lands allocated to Gasim’s Villa company

The Civil Court has ordered the Ministry of Tourism halt all proceedings regarding the seizure of uninhabited islands and lagoons granted to Villa Hotels and Resorts Private Limited.

Villa – owned by Jumhooree Party (JP) leader MP Gasim Ibrahim – requested the stay order after the government’s decision to hand back the uninhabited islands and lagoons given to the company as compensation for the nationalisation of several development projects, including Kadhdhoo airport

According to the order, although the government has said Villa can be compensated for the seizure of the islands and lagoons, the areas were handed over due to the government’s inability to bear the burden of a financial or monetary compensation.

The islands and lagoons that had been ordered to be returned are Thaa Atoll Elaa, Raa Atoll Maanenfushi, Gaafu Dhaal Atoll Gazeera, Kaafu Atoll Maadhihgaru lagoon, and Vaavehdhi lagoon.

Speaking at a joint rally of JP and Maldivian Democratic Party (MDP), Gasim stated that “the Maldivian people will not allow injustice” and reiterated calls for the charges against MDP leader and former President Mohamed Nasheed to be dropped.

“Forget it, nobody can push us back, we will be in the service of the Maldivian people. We will defend the fundamental rights and freedoms of the constitution”, Gasim said.

The JP’s opposition to key government legislation last year saw Gasim suffer setbacks to his businesses, as well as physical threats against his person – both of which the party blamed on Gasim’s former political allies.

“You can seize everything, take it. Take it. After all, things can only be taken from people who have them,” he told attendees of the joint rally of Maldivian Democratic Party (MDP) and JP held on February 5, 2015.

“Yameen, do not think that a well-built man can come and shoot me with a gun. No, No, No. I am not afraid even one bit.”

President Abdulla Yameen has denied Gasim’s business reversals were a result of political events, stating that all businesses were treated equally under the law.


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Are politics returning to the streets of Malé?

Additional reporting by Ismail Humaam Hamid and Mohamed Saif Fathih

Over a hundred protesters gathered outside the Civil Court by the market in Malé this afternoon, as former President Mohamed Nasheed continued a legal campaign that stretches into its third year.

Inside, the Civil Court agreed to consider the challenge – rejected by the High Court earlier this week – into the legitimacy of the bench tasked with trying Nasheed for the January 2012 detention of Judge Abdulla Mohamed.

Tussles between police and protesters hinted at a return to the tension that became commonplace in the capital in the months before and after Nasheed’s controversial resignation from office just weeks after the judge’s arrest.

“The process that we saw in 2012. That appears to be happening this time,” suggested Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor from the protest today.

“We are certainly trying to wake up people to what is going on and it is our wish to inform people what will happen if we do not act,” he explained over the shouts of demonstrators.

Rising tensions on the streets in 2012 eventually saw security personnel turn on Nasheed’s government, with the MDP leader alleging his subsequent resignation was under duress.

Nasheed earlier this week called upon the people of the country to protest against their failed judicial system while party Chair Ali Waheed said today that the party would begin daily protests to defend the Constitution against persistent breaches.

Others, however, have suggested that the large scale anti-government demonstrations seen three years ago will not be repeated in 2015.

“We really don’t think that the past is going to come back,” said Ismail Asif of the Maldives National Chamber of Commerce and Industry (MNCCI). “The economy is picking up. People want to move on.”

Following the resurgence of street demonstrations since the decision of the formerly government-aligned Jumhooree Party (JP) with the MDP, the MNCCI called on authorities to stop such activities which might hinder local business.

Police attempts to clear a space from the space outside the court today saw protesters pushed into the market itself.

“We don’t feel that part of a democracy means any party should be allowed to block the streets,” said Asif.

He suggested that recent attendances at street demonstrations indicated that people preferred to go through the system, though he admitted the MDP leader Nasheed would still be able to draw large crowds.

The MDP’s Hamid said that the party intends to utilise both approaches, with “organised and sustained” direct action as well as efforts, via its new parliamentary alliance, to secure JP leader Gasim Ibrahim as Majlis speaker.

“We are trying to convince the public that if we do not take action now, we may not get another chance,” said Hamid.

The party sees the resumption of legal action against Nasheed as part of a wider move by the government to remove potential challengers to President Abdulla Yameen.

While government-sponsored amendments to the Constitution could disqualify JP leader Gasim on grounds of age, former defence minister Mohamed Nazim – himself a key player in events leading to Nasheed’s resignation – faces further charges of fomenting a coup, this time from the current government.

JP MP and former Police Commissioner Abdulla Riyaz – who stood alongside Nazim on the day of Nasheed’s resignation – has called the charges against Nazim “purely political” in nature, suggesting the police were attempting to frame the former minister.

During today’s demonstrations, MDP Chair Waheed said the party would be willing to work with its “political enemies” in order to defend the Constitution.

“People you would not expect to see  on one platform will be seen together on February 27,” he claimed before dispersing today’s protest.

Hamid also explained that no one who wished to work with the opposition party would be turned away.

“We do not agree with how he [Nazim] has acted, but justice and rule of law should prevail. He has the right to due process,” he said.

Nasheed himself fears that the expedition of his case – which his party predicts will be pushed through before the introduction of the new Penal Code in April – will see him forced to campaign far from the streets of the capital.

“I will be even more active from block C of Maafushi Jail,” he told party colleagues this week.

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Former Defense Minister Nazim’s remand appealed at High Court

Former Defense Minister Colonel (retired) Mohamed Nazim’s legal team has appealed the Criminal Court’s remand sentence at the High Court today (February 11).

Nazim was given 15 days detention yesterday (February 10), after being arrested in the early hours of the same day and taken to Dhoonidhoo Detention Centre.

Speaking at a press conference last night, Nazim’s legal team had said their client was being framed, implying the firearms found during a raid on his home were planted.

On January 18, police raided the former minister’s apartment and claimed to have found pistol, three bullets, and an improvised explosive device while confiscating a pen drive.

A police statement issued last night claimed to have found documents in the pen drive suggesting that Nazim “was plotting to physically harm senior Maldivian state officials”.

“In addition, police intelligence has received information that he was plotting with various parties to overthrow the government,” read the statement.

The police have maintained they were unaware the apartment they were raiding belonged to the former defense minister and said they had decided not to arrest him at the scene due to his high profile.

Hameed questioned the police’s decision to arrest Nazim after the completion of investigations, and claimed such an arrest can only be made through a PG order.

Jumhooree Party MP and former Commissioner of Police Abdulla Riyaz accused the police of unprofessionalism, saying: “This was clearly done to frame Colonel Nazim.”

Nazim and his wife’s passports have been confiscated.


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