Tag: maldives

Government can suspend services to Villa if frozen accounts are empty

If the government is unable to recover sums owed to the state by freezing a company’s accounts, it can suspend all services to the company, including customs clearance and foreign worker visas, the Maldives Inland Revenue Authority (MIRA) has said.

The tourism ministry yesterday ordered the tax authority to freeze the accounts of all companies with pending bills, including that of the opposition Jumhooree Party leader Gasim Ibrahim’s Villa group.

But Villa officials today told local media that the accounts of the holding company, the Villa Shipping and Trading Pvt Ltd, are empty.

The government is seeking US$90.4 million allegedly owed as unpaid, rent, fines and interest on several properties from Villa group. The conglomerate – which operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport, and education – says the notice is unlawful and is contesting it at the civil court.

The notice for payment expired on April 18, but MIRA did not freeze the company’s accounts, saying the move may negatively affect the Maldivian economy, local media has said.

Executive director of finance at Villa, Shimad Ibrahim, told Haveeru today that the company’s accounts were empty before the government’s decision to freeze accounts.

“We knew we were going to face financial difficulties before the decision to freeze the accounts. We were set to get a loan to offset the downturn, but that loan was cancelled due to these issues. That is why the company’s accounts are empty,” he said.

Speaking to Minivan News, Fathuhulla Jameel at MIRA said the authority’s enforcement policy allows it to order government offices to suspend all services to the company, and ask the civil court to set an arrangement to recover funds if the company’s accounts do not hold the owed sums.

MIRA issued the US$90 million notice after the tourism ministry terminated agreements for several properties leased to Villa and subsidiary companies for resort development. The move followed Gasim’s JP forming an alliance with the main opposition Maldivian Democratic Party (MDP). However, the government denies the opposition’s accusations of unfairly targeting Gasim’s business interests.

Some 27 cases challenging the termination of the agreements and MIRA’s notice as well as appeals of the civil court’s refusal to grant stay orders are ongoing at court.

While the tourism ministry cited lack of “good faith” as the reason, the Villa officials insisted the terminations were unlawful and that the fines were “fabricated”.

Villa – which won the tax authority’s “Ran Laari” award last year as one of five companies that paid the highest amount to the state – insists it does not owe any money to the state.

But the civil court last month refused to issue stay orders until the conclusion of the dispute, saying the state could reimburse and compensate the company if the ongoing cases are decided in Villa’s favour.

Since the notice was issued, Gasim has not been seen in opposition protests or made any comments on a deepening political crisis triggered by the arrest of opposition politicians. JP’s deputy leader Ameen Ibrahim was also arrested last week after clashes between protesters and police following a 20,000 strong anti-government march.

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Tourism ministry moves to freeze Villa accounts

The tourism ministry has ordered the tax authority to freeze the accounts of companies with pending bills, including that of the opposition Jumhooree Party leader Gasim Ibrahim’s Villa group.

The government is seeking US$90.4million allegedly owed as unpaid, rent, fines and interest on several properties from Villa group. The conglomerate – which operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport, and education – says the notice is unlawful and is contesting it at the civil court.

The notice for payment expired on April 18, but the Maldives Inland Revenue Authority (MIRA) did not freeze the company’s accounts saying the move may negatively affect the Maldivian economy, local media have said.

Deputy tourism minister Hussain Liraar told Minivan News: “We did not mention a specific business or company. But the ministry sent a letter to the tax authority asking to freeze the accounts that owe money to the state.”

MIRA has declined to comment on the issue saying: “It’s not our policy to give out information regarding specific tax payers.”

Meanwhile, Tourism minister Ahmed Adeeb today told Haveeru: “The government must recover any money owed to the state. This is public money. We cannot let it slide for certain individuals.”

According to Haveeru, the tourism ministry’s order to freeze accounts came in response to a letter from MIRA, in which the tax authority said freezing Villa’s accounts could have adverse impacts on the economy. In response, the tourism ministry ordered MIRA to freeze the accounts of all companies with pending bills.

Some 20 companies, including Villa Shipping and Trading Pvt Ltd, now face an accounts freeze.

“Fabricated”

MIRA issued the US$90 million notice after the tourism ministry terminated agreements for several properties leased to Villa and subsidiary companies for resort development. The move followed Gasim’s JP forming an alliance with the main opposition Maldivian Democratic Party (MDP). However, the government denies the opposition’s accusations of unfairly targeting Gasim’s business interests.

Some 27 cases challenging the termination of the agreements and MIRA’s notice as well as appeals of the civil court’s refusal to grant stay orders are ongoing at court.

While the tourism ministry cited lack of “good faith” as the reason, the Villa officials insisted the terminations were unlawful and that the fines were “fabricated”.

Villa – which won the tax authority’s “Ran Laari” award last year as one of five companies that paid the highest amount to the state – insists it does not owe any money to the state.

But the civil court last month refused to issue stay orders until the conclusion of the dispute, saying the state could reimburse and compensate the company if the ongoing cases are decided in Villa’s favour.

Since the notice was issued, Gasim has not been seen in opposition protests or made any comments on a deepening political crisis triggered by the arrest of opposition politicians. JP’s deputy leader Ameen Ibrahim was also arrested last week after clashes between protesters and police following a 20,000 strong antigovernment march. 

Settlement agreements 

The properties at stake were leased under a settlement agreement signed with the tourism ministry on December 12, 2013, less than a month after president Abdulla Yameen took office.

The settlement agreement was reached after the Supreme Court on November 19 ordered the state to pay US$9.7 million to Villa in one month as compensation for damages incurred in a project to develop a city hotel in Laamu Kahdhoo.

As part of the settlement, Villa withdrew cases involving a dispute over a city hotel in Haa Dhaal Hanimadhoo and resort development on Gaaf Dhaal Gazeera. In return, the government signed five ‘amended and restated lease agreements’ with Villa for three islands and several Kaafu atoll lagoons.

The government also agreed to forgo rents for the islands and lagoons for a construction period of five years and seven years, respectively.

However, after the settlement agreement was terminated in February, MIRA’s notice stated that Villa owed US$75.5 million as fines, US$600,000 as interest, and US$14.8 million as unpaid rent dating back to original lease agreements signed in 2006 and 2007.

The Villa officials noted that the company has paid over US$15 million as advance payments for the properties.

In the case of Kahdhoo, MIRA claimed an unpaid rent of US$293,000 and a fine of US$10 million – 34 times the allegedly unpaid rent – despite the 2013 Supreme Court judgment declaring Villa does not owe rent for the property, the officials said.

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New child abuse prevention campaign launched

The ministry of gender and law in association with UNICEF has launched a new child abuse prevention programme, Ahan, to increase awareness of child rights and reporting of child abuse.

The campaign was launched on the occasion of international children’s day, which is marked across the world today.

State minister for gender Dr Haala Hameed said the reporting of child abuse cases has increased four-fold within the past four years. The ministry has set up a hotline 1412 for child abuse reporting.

Minivan News was unable to obtain the exact number of cases reported in the past four years at the time of going to press. According to previous figures by NGO, Advocating for the Rights of Children (ARC), 388 cases of child abuse were reported between January and November 2014.

Majority of reported cases relate to sexual and physical abuse, Haala said.

“In one sense, the increase in reporting is positive. It indicates an increase in awareness among the public,” she said.

Haala said the ministry has received complaints people are unable to contact them through the hotline, but said the ministry is “looking for ways to fix it.”

Police figures show 577 cases of sexual abuse in 2012, 573 in 2013 and 475 in 2014. Majority of the cases relate to sexual abuse of children. Meanwhile, domestic violence cases amounted to 179 in 2012, 207 in 2013 and 186 in 2014.

The human rights watchdog has previously said only a small proportion of reported child abuse cases gain justice and said many victims remain re-victimized due to systemic failures.

“Most prevalent challenges include delays in obtaining evidence and overly strict evidentiary requirements,” the HRCM said in a report to the UN human rights council in September.

The HRCM also noted that societal attitudes that treat child abuse as a private matter or that force child abuse victims to deny testimony in court in order to protect family honor prevent victims from gaining justice.

The state is yet to establish a registry of child sexual offenders, the commission noted, and said the child protection system is weak in the Maldives as it is under resourced, with inconsistencies in capacity and coordination.

In a statement today, the HRCM called for justice for child abuse victims and a system to monitor perpetrators once they are released.

Attorney general Mohamed Anil today said a “holistic approach” is needed to tackle child abuse.

“Awareness is also one very important component, we also need to improve the state authorities, give them better equipment, better training, strengthen relations between all related institutions, and improve monitoring mechanisms,” he said.

He also noted the importance of strengthening laws related to child rights and said his office has drafted a new child protection bill. A new juvenile justice system bill will also be ready by August, he said.

“But not having the necessary laws is not a reason to let these issues slide,” he said.

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50 May Day detainees released, but may face charges

The police have released some 50 of the 175 people held in custody over a mass antigovernment protest on May Day, but it is not yet clear if they will be charged.

According to a police spokesperson, the 50 were arrested from the protest on suspicion of obstructing police duty and disobedience to order. The Prosecutor General will decide whether to file charges, he said.

The penalty for obstructing police duty for a first time offender is a MVR3,000 fine, lawyers have said. According to the main opposition Maldivian Democratic Party (MDP), over 90 percent of the detainees do not have criminal records.

Some 193 people were arrested from the May Day demonstration after violent clashes erupted between protesters and police at dusk. The arrests are the largest number detained from a single protest in a decade.

The criminal court had granted a blanket 15-day extension of detention for 175 protesters, while 19 were released after police failed to present them at court in the 24 hours required by law.

The opposition had been protesting against the jailing of ex-president Mohamed Nasheed and former defence minister Mohamed Nazim, and government’s authoritarianism.

Speaking to Minivan News, MDP vice president Mohamed Shifaz said the 50 were released because the police could not handle the vast number of detainees.

“The Dhoonidhoo detention center does not have the capacity to hold so many people; they cannot provide enough water from their water plant, this is why they were released,” Shifaz said.

The MDP has alleged the detainees were kept in inhumane conditions at the Dhoonidhoo detention center. Lawyers say they have not had access to detainees, and say many are being held in overcrowded cells with no ventilation.

Police have also failed to provide medication at prescribed times and many are still wearing the same clothes from when they were arrested, lawyers said.

The police have dismissed the opposition’s allegations as “baldfaced lies,” insisting that cells at the Dhoonidhoo detention centre are up to standards.

The MDP has also alleged police severely beat several detainees at the time of arrest, including three of the nine suspects arrested over the assault of two police officers.

Video footage shows protesters tripping and kicking a Specialist Operations (SO) officer and one man hitting the policeman over the head with his baton.

Lawyers said the three were beaten at the police headquarters and police officers had threatened to kill them. The Human Rights Commission of the Maldives (HRCM) is investigating.

The MDP’s chairperson Ali Waheed, Adhaalath Party president Sheikh Imran Abdulla, and deputy leader of the Jumhooree Party Ameen Ibrahim remain in police custody. Imran was arrested at 11:00pm on May 1, while Waheed and Ameen were arrested in the early hours of May 2, under court warrants for intimidation.

 

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Maldives defends death penalty and flogging

The Maldives has defended the death penalty for murder and flogging for fornication at a UN human rights review on Wednesday, stating the punishments are mandatory in Islamic law.

Several countries including France, the United Kingdom, Ukraine, Namibia, Spain, Australia and Montenegro expressed concern over Maldives’ decision to end a six-decade moratorium on the death penalty last year.

However, speaking to the UN human rights council in Geneva, legal affairs secretary Aishath Bisham said: “We would like to stress that Islamic principles dictate that its legal measures are to be enforced and regulated by law and process after necessarily subjecting it to rigorous judicial framework.”

The Maldives constitutional assembly had declared Islam to be the state religion and the basis of all laws enacted in the country, and requires judges to refer to Islamic law, she noted.

However, the enforcement of the death penalty and flogging are “never intended to be arbitrary or capricious,” she said.

The former UN high commissioner for human rights Navi Pillay and Amnesty International have called on the Maldives to abolish flogging, describing it as an inhumane and degrading treatment.

In 2012, the juvenile court’s decision to flog a 15-year-old rape victim sparked international outrage and led the high court to overturn the ruling.

Information previously made available by the Department of Judicial Administration showed that, while applicable to both men and women, flogging is largely discriminatory against women in practice.

But Bisham said the enforcement of flogging is never served “as a retributive penalty” and primarily serves as a deterrent.

“It is strictly regulated and enforced only when the appeal or its opportunity is exhausted and is executed with civility. The respective regulations disallow flogging on any woman found to be mentally incompetent, or if there is a potential risk to the person’s life, limb or even the function of his her senses.

“Flogging is never enforced on children and pregnant women. The practice itself is with minimal force, with absolutely no instances of nudity or exposure, in full recognition of the person’s right to dignity constitutionally prescribed in the Maldives,” she added.

The standard of proof required in proving an offence prescribed in Islamic law is “far stricter than the conventional threshold of beyond reasonable doubt.”

Flogging is enforced in the Maldives in only five out of a potential 425 offences, she said.

Meanwhile, the death penalty will be enforced in cases of wilful murder alone, and only if the accused confesses in a court of law and when all three tiers of the judiciary deem the accused guilty, she said.

If the accused denies the charges at any stage of prosecution, it will be legally impossible to issue the death sentence, she said.

The government will “urgently strengthen” the legislative and judicial framework in cases of flogging and death penalty and will continuously subject the process to periodic independent assessments, she added.

The Maldives also maintained reservations on the call for lesbian, gay, bisexual and transgender rights and freedom of religion.

“Provisions on the country’s Islamic identity are evident in every single draft of constitution ever adopted all throughout our constitutional history. The government emphasises proudly that Islam has been and will remain as the defining part of the nation, its culture, and its people,” she stressed.

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Four bilateral agreements signed with Pakistan

The Maldives has signed four Memorandums of Understanding with Pakistan today during president Abdulla Yameen’s ongoing two-day state visit.

The MoUs were for mutual cooperation in healthcare, education, sports, and combating drug abuse.

President Yameen was accompanied by first lady Fathmath Ibrahim, speaker of parliament Abdulla Maseeh Mohamed, and cabinet ministers. The delegation is due to return tonight.

President Mamnoon Hussain hosted a banquet in honour of president Yameen last night. The pair held talks on strengthening bilateral ties earlier in the day.

“President Yameen thanked his Pakistani counterpart for the excellent hospitality extended to himself and his delegation,” said the president’s office.

“President Yameen also extended an invitation to President Mamnoon Hussain to visit the Maldives at his earliest convenience. At the meeting, both the leaders deliberated on enhancing trade and cultural exchanges, as well as expanding the scope of investment opportunities. Discussions were also held on supporting each other in the global arena.”

Yameen has also reportedly invited prime minister Mohamed Nawaz Shareef to attend an official function due to be held on July 26 to mark the golden jubilee of the Maldives’ independence.

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Maldives judiciary hammered in UN human rights review

Countries across the world have blasted the Maldives for it’s politicized judiciary and expressed alarm over threats to journalists and human rights defenders at a UN periodic review of human rights in Geneva today.

The imprisonment of former president Mohamed Nasheed on terrorism charges was also noted with concern by Norway, Germany, the United Kingdom, Denmark, the United States, Canada and Australia.

But many countries welcomed new anti-torture laws and laws protecting migrant worker and women’s rights in the Maldives, and applauded progress in healthcare and education.

The UN’s Universal Periodic Review (UPR) comes amidst heightened international scrutiny of the Maldives over political turbulence triggered by Nasheed’s arrest in February. Hundreds were arrested this weekend in a 20,000 strong anti-government protest.

Foreign Minister Dunya Maumoon said the Maldives is training and building capacity of judges, and said criticism of Nasheed’s trial had “mainly focused on the process and not the merits.”

Many countries also slammed the Maldives for the Supreme Court’s decision to try members of the Human Rights Commission of the Maldives (HRCM) for treason over a submission to the UPR.

Despite the strong criticism, the foreign ministry in a statement tonight said the human rights council had “praised Maldives for the tremendous progress it has achieved in the promotion and protection of human rights.”

Judicial reform

Expressing concern over a “lack of respect for the most basic principals of fair trial and due process” during Nasheed’s trial, Norway called on the Maldives to release the opposition leader immediately.

Germany noted a climate of growing fear in the Maldives due to increasing gang related violence, religious intolerance, and attacks and death threats faced by journalists, politicians and civil society groups.

The UK meanwhile called on the Maldives to ensure administration of justice is “fully consistent with international human rights standards” and take urgent action to protect journalists, NGOs and to investigate and prosecute individuals behind the threats.

The UK also expressed concern over arrests of opposition leaders during the mass antigovernment protest on May 1, and called for dialogue between the government and opposition parties.

Denmark noted irregularities and rushed processes in Nasheed’s trial, and recommended the “Maldives restore confidence in its legal system by ensuring the clear and unambiguous division of powers, including the indisputable independence of its judicial processes and judges.”

The United States urged the Maldives to end politically motivated prosecutions, including the Supreme Court’s prosecution of members of the human rights watchdog.

The US said it was concerned about fair trial guarantees and said Maldives must strengthen the independence of the judiciary by reforming the process by which the judicial watchdog – the Judicial Services Commission – selects and appoints judges.

Adding its voice to calls for Nasheed’s release, Canada said Maldives must reaffirm its commitment to democracy and rule of law, and institute an independent bar association.

Meanwhile, India said the judiciary must adhere to due process to maintain public trust and said the space for legitimate political dissent must be safeguarded.

Botswana, Brazil, Argentina, Slovenia, New Zealand, Ghana, Switzerland, Italy, Ireland, South Korea, Bangladesh, Liechtenstein, Netherlands, Trinidad and Tobago, Kenya and France also spoke on the need for judicial reform.

International spotlight

Responding to criticism of Nasheed’s trial, foreign minister Dunya said the case “has highlighted the profound need to work together and strengthen oversight institutions, including the judiciary and the need to bring urgent reforms to the judiciary.”

She censured Nasheed for his decision not to seek an appeal, stating appellate courts were set in place to address shortcomings by the lower courts.

Nasheed’s lawyers had decided not to appeal after the criminal court failed to provide the necessary documentation within a shortened ten-day appeal period. The opposition leader has instead appealed to president Abdulla Yameen to reduce his sentence and release him through special procedures in the Clemency Act.

On the Supreme Court’s prosecution of the human rights commission, the Maldives representative in Geneva, Geela Ali, declined to comment, stating: “as the matter is yet to be decided, we deem it inappropriate to comment on the matter just yet.”

The charges were brought in September last year under new suo moto regulations that allow the Supreme Court to prosecute and pass judgment. The case is still pending.

Dunya said the Maldives had formulated a judicial sector strategic action plan with new benchmarks for increasing efficiency, effectiveness and public confidence in the judiciary.

“Almost everyone seems to have something to say, about what they think is good for the Maldives. As a result, every baby step that the Maldives takes is fiercely debated all over the world, including in the corridors of power in key capitals,” she said.

“It is easy to criticize, but we urge you to not only do that: invest in us, bring about meaningful change.”

She insisted Maldives’ institutions must have the space to grow organically, and said meaningful democratic change cannot be imposed. Change “can only be sustained if the change is locally owned, locally driven and locally shaped,” she said.

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Opposition councillors denounce ‘intimidation’ by government

The home ministry is attempting to intimidate island councillors by requesting a list of councillors present in Malé during a mass anti-government protest on May Day, the opposition has said.

Home minister and head of the local government authority, Umar Naseer, last week also asked the anti corruption watchdog to penalise any councillors who may have traveled on state funds to the capital this weekend.

Councillors are required to inform the LGA or the island council before traveling out of their islands.

Nearly 200 people were arrested and scores were injured in violent clashes at the largest anti-government protest in a decade.

Meanwhile, several opposition dominated councils have passed resolutions to boycott the home ministry’s celebrations for the golden jubilee of independence this year. The ministry has threatened to dissolve such councils.

Speaking to the press outside the LGA today, council member for northern Haa Dhaal Neykurendhoo island Mohamed Ibrahim said: “We were elected by the people, we do what they want, nobody voted for Umar Naseer.”

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. Despite a crackdown on and the dispersal of the May Day protest, the allied opposition parties say they will continue with daily protests.

Deputy chairperson of the main opposition Maldivian Democratic Party, Ali Niyaz, said 300 of the party’s 450 councillors had taken part in the mass protest. There are over a 1,000 councillors for 188 islands and two cities in the Maldives.

“Most of the councillors travelled to the capital using their own funds while others passed resolutions and travelled using state funds,” Niyaz said.

President of Baa Atoll council, Adil Mohamed, has accused the government of attempting to destroy decentralisation in the country by its threat to dissolve councils.

“They could take any action against councillors, but that will fail to hide the suffering of the people,” he said. The MDP councillor also criticised the government’s decision to discontinue electricity subsidies to businesses in the islands saying many businesses were now heading into bankruptcy.

Condemning the home ministry order on the Alif Dhaal atoll council to withdraw a resolution to boycott independence day celebrations, one councillor said: “The country lacks its freedom now and it will be better to work to restore freedom rather than celebrate it.”

Hussein Shaamil, council member of Meemu Kolhufushi, said that councillors were elected for public service, and said he would participate in whatever political activity necessary, whenever required.

Shaamil also called upon the Alif Dhaal council to defend its motion and pledged to support the atoll council.

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EU calls for political dialogue to resolve crisis

The European Union has called on political parties in the Maldives to engage in dialogue to resolve a deepening political crisis.

The EU delegation along with EU heads of mission and the ambassador of Norway in Sri Lanka called for dialogue after strongly condemning “the violence which occurred at the public demonstration held in Malé on 1 May 2015.”

Nearly 200 protesters were arrested from the anti-government mass rally following a police crackdown, including Adhaalath Party (AP) president Sheikh Imran Abdulla and main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed.

The opposition ‘Maldivians against tyranny’ alliance had vowed to bring president Abdulla Yameen to the negotiating table through the mass rally.

Last week, Imran refused to negotiate with president Yameen’s envoy for the talks, tourism minister Ahmed Adeeb, calling the ruling party’s deputy leader “corrupt” and “a criminal.”

The EU meanwhile called on all sides to “exercise restraint and to refrain from any acts which could make the current political situation worse.”

“The EU delegation is especially disappointed because of the reassurances which the visiting EU [heads of mission] had received from all major Maldivian political parties and the government that every effort would be made to ensure that peace would prevail on 1 May,” reads a statement released yesterday.

The opposition May Day protest began peacefully with an estimated 20,000 supporters marching across the capital’s main thoroughfare Majeedhee Magu, calling for an end to the government’s “tyranny” and demanding the release of former president Mohamed Nasheed, ex-defence minister Mohamed Nazim.

However, clashes erupted when protesters attempted to break through police barricades to perform sunset prayers at the Islamic centre. Protests are prohibited at the Republic square or the restricted ‘green zone’ in front of the mosque.

Police cracked down with tear gas, thunder flashes, stun grenades, and the indiscriminate use of pepper spray.

Later in the night, a Specialist Operations (SO) police officer left behind after a baton charge was tripped and severely beaten by protesters. He was sent to Sri Lanka for medical treatment along with another officer injured after a protest pickup charged through police lines at dusk.

The president’s office spokesperson Ibrahim Muaz Ali declared after Sheikh Imran’s arrest that the government will no longer hold discussions with the Adhaalath Party leader.

The EU parliament meanwhile passed a resolution last week calling on member states to issue warnings on the Maldives’ human right records on their travel advice websites and demanding the release of ex-president Nasheed.

In a visit to Sri Lanka, US Secretary of State John Kerry echoed the calls and warned that democracy is under threat in the Maldives.

“We’ve seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former president Nasheed has been imprisoned without due process,” he said.

“This is an injustice that needs to be addressed soon.”

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