State must prove ‘MC’ Hameed’s dismissal was lawful: Civil Court

The Civil Court has ruled that it is the state’s responsibility to prove that former head of police intelligence Chief Superintendent ‘MC’ Hameed’s dismissal was lawful and in accordance with the constitution.

The Police Disciplinary Board dismissed Hameed from his position over allegations he provided confidential information to an opposition Maldivian Democratic Party (MDP) report written by the former government’s Environment Minister Mohamed Aslam, and National Security Advisor Ameen Faisal.

Local media claimed the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed filed a lawsuit in the Civil Court against the Maldives Police Service (MPS) on August 25, claiming that his dismissal from the institution was unlawful.

“The [judge’s] ruling is in reference to the state’s attorney ‘holding onto witnesses’ who would provide testimony regarding my dismissal in which I was sacked unlawfully. This is not the final verdict,” Hameed told Minivan News today.

“The MPS believe they have the privilege of not falling under general employment regulations because they are a separate entity,” he added.

Speaking previously to Minivan News Hameed stated, “I have noted that the dismissal was against the constitution and the Police Act. We have noted many articles that were violated in the dismissal.”

Judge Mariyam Nihayath, presiding over the Civil Court hearing, ruled in favor of Hameed’s lawyer’s argument that it is indeed the responsibility of the state to prove Hameed’s dismissal was legal.

Nihayath explained that all citizens are guaranteed the fundamental right to employment and if that right was withheld, it must be in accordance with Article 16 of the constitution, according to local media.

Article 16 guarantees the “rights and freedoms” enumerated in the constitution for all citizens – including employment – are “subject only to such reasonable limits [as] prescribed by a law” and these limits must be “demonstrably justified in a free and democratic society”.

When asked about today’s Civil Court ruling, Police Spokesperson Sub-Inspector Hassan Haneef instead referred to the Criminal Court case being brought against Hameed by the police.

“The case is being investigated and has been sent to the Prosecutor General’s office. You’ll have to ask them if they have enough supporting evidence,” Haneef told Minivan News.

Prosecutor General’s (PG) Office Media Official Hussain Nashid confirmed to Minivan News that the PG had received the case against Hameed “last November or December” but was “not sure” if the civil court ruling would have any bearing on the state’s criminal court case.

Hameed also confirmed that the MPS previously filed the criminal case against him with the PG’s office, but did not know of any further developments in this regard.

“I have not yet received a summons [to appear in court], so I guess the case is still pending,” stated Hameed.

The Police Disciplinary Board also relieved Superintendent Ibrahim Adhnan of duty and announced it was demoting Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, removing the disciplinary badge on his uniform, in June 2012.

Hameed, Adhnan and Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters.

Hameed’s arrest and detention

In June 2012, Police arrested Hameed over allegations he had contributed to the MDP’s report into the controversial transfer of power on February 7, the publication of which was derided by the government as an “act of terrorism”.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

The Criminal Court arrest warrant stated that Hameed was accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group”, and participating in the compilation of the “misleading” Ameen-Aslam [MDP] report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

Police issued a statement that day confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.”

Hameed’s actions were in violation of the Police Act, the statement insisted.

Hameed was held for five days following his arrest. The Criminal Court’s decision to detain Hameed was appealed by his family in the High Court, which ruled that there was no grounds to rule an extension of his detention was unlawful at the time.

The Criminal Court extended his detention period to five days before releasing him on the grounds that it did “not believe the detention should be extended any further,” just a few hours after the High Court upheld its decision to keep him detained.

Hameed’s lawyer Ismail Visham argued during the High Court hearing that his client had been subjected to discrimination.

Visham told the court that there were police officers accused of more serious crimes who had not been detained, alleging that in one instance, a senior colleague presently stood accused of attempting to rape a woman.

He further contended that the Criminal Court judge had extended Hameed’s detention period not based on police evidence, but on the judge’s own view. Visham contended that Hameed had therefore lost the right to respond to the accusations against him.

In response, the state attorney said that Hameed was accused not of a disciplinary matter but a criminal offence, and argued that the Criminal Court judge had declared Hameed a threat to society because police told the judge he might seek to “intimidate witnesses” and “destroy evidence”.

Following his detention, the family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

After his dismissal, Hameed tweeted: “Ayan: Daddy, why were you fired from your job? My response: Because I did not join the bad guys.

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MP involved in illegal drug business is attempting to frame me: Umar Naseer

Additional reporting by Mariyath Mohamed

Progressive Party of Maldives (PPM) presidential primary candidate Umar Naseer has claimed that an MP involved in the illegal drug business is attempting to “frame” him.

Speaking at a rally on Friday night (March 15), Naseer claimed that the unnamed MP had tried to ruin his reputation by sending police into his offices looking for contraband.

On Saturday night (March 16), Naseer then posted on both his Facebook and Twitter page that someone had tried to frame him “but I was not in the car I was delivering a speech in Miladhoo”.

Asked what Naseer was referring to, a police source told Minivan News today that a bottle of alcohol had been found in a car belonging to Naseer’s wife when searched by police yesterday.

“Last night the driver of the car had parked after there had been some sort of accident caused by someone on the back seat.

“At that time, the driver found a bottle of alcohol within the car and reported it to the police. We took the driver, questioned him and released him,” the source claimed.

Speaking in regard to the alcohol allegedly found in the car, Police Spokesperson Chief Inspector Hassan Haneef confirmed that a bottle had been found and the case was still under investigation.

“We received a report from a driver of a vehicle stating that there was a bottle of alcohol in the car. Police went to the car, searched it and took the vehicle,” Haneef said.

Last week, Naseer had posted on social media that he had received “intel” that an attempt would be made to assassinate his character by planting drugs in one of his offices.

Speaking in front of a giant display of a mosque set up for his campaign on Friday, Naseer said that he did not partake in acts involving illegal drugs.

“A serving parliament member who is involved in the illegal drug business is attempting to frame me.

“He tried to ruin my reputation by sending police to my business offices in the pretence of looking for illegal substances. I do not get involved in such acts,” he claimed.

Despite Naseer’s claims, when Minivan News asked Police Spokesperson Chief Inspector Hassan Haneef on Tuesday whether police had searched his offices, Haneef denied they had.

“I will not name the MP, I do not need to name him here. He is trying to hide the relations he has with gangs and his involvement in the illegal drug business,” Naseer claimed.

“If I, Umar Naseer, get elected, MPs cannot hide behind their privileges act and run illegal activities. I will take legal action against them,” he added.

Both Umar Naseer and Abdulla Yameen are currently campaigning to win the PPM’s presidential candidate slot for the upcoming presidential elections to be held in September this year.

People say Yameen bathes in mineral water: Umar Naseer

Speaking to crowds at the artificial beach in Male’ on Friday, Naseer claimed that “unlike Yameen” he is an ordinary citizen and not related to former President Maumoon Abdul Gayoom.

In regard to Abdulla Yameen – who is also contending in the PPM presidential primary – Naseer claimed that his fellow contender plays “80 percent in defence”.

“We heard our brother MP [Ahmed] Nihan speaking at Yameen’s campaign rally. All he did was try to denounce what the public says about Yameen.

“Nihan said that although people allege Yameen has ties with gangs and gang violence it is not true. He then said that although people say Yameen even bathes with mineral water, that isn’t true either,” Naseer stated.

In response to the PPM presidential primary candidate’s claims, a spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on Saturday that Naseer had made slanderous and “blatantly untruthful” statements about Yameen during the rally.

The spokesperson, PPM MP Shifaq Mufeed, said that the purpose of such statements was to damage Yameen’s credibility amongst his supporters.

Umar Naseer was not responding to calls from Minivan News at time of press.

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Nasheed’s trial hearing scheduled for April 4

Former President Mohamed Nasheed’s trial has been scheduled for April 4, 2013, local media has reported.

The former President is charged with the controversial detention of Chief Judge of Criminal Court Judge Abdulla Mohamed during the last days of his presidency.

An official from the Judiciary Media Unit told local media that a summoning chit had been sent to Nasheed, and that the next hearing will see confessions of witnesses presented by the prosecution.

The trial had been postponed by four weeks following the last hearing that took place on March 5.

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February tourist arrivals to the Maldives increase by 25 percent on 2012

Tourist arrivals for February have increased by over 25 percent compared to the same month in 2012.

Figures from the Ministry of Tourism Arts and Culture reveal that an increase of 21,493 tourists visited the Maldives last month compared to February last year.

Tourism Minister Ahmed Adheeb told local media in February that he was confident the Maldives would reach one million tourist arrivals in 2012.

Despite the Ministry’s aim, January saw a 7.6 percent drop compared to the same month in 2012 – the first time the Maldives had seen a decrease in January arrivals in three years.

The Asian market – which holds a 43.7 percent share of the overall tourist market – increased by 106.8 percent in February compared to the same month last year.

China, which has the largest share of the market for a single country, saw an increase from just 12,237 tourist arrivals in February 2012 to a total of 33,592 in 2013.

The 174.5 percent increase from Chinese tourists could be attributed to Chinese New Year, which was held in February this year as opposed to January in 2012.

Despite the continuing rise in the Asian market, Europe – which holds the largest share of the tourism market at 51.6 percent – fell by 6.2 percent in February 2013.

Arrivals from the United Kingdom also continued to fall last month from 9,006 in February 2012 to 7,745 in 2013 – a 14 percent decrease.

Tourists from Italy, which has the second largest share of the European market after the UK at 7.5 percent, fell by 12 percent in February compared to the same month in 2012.

Whilst arrivals from southern, western and northern Europe continued to fall, the eastern and central European market grew by 22.9 percent from 9,376 in 2012 to 11,519 in 2013.

Political turmoil

Despite the sharp rise in tourist arrivals last month, February 2012 saw unusually low tourist arrivals following the political instability that took place on February 7, 2012, when former President Mohamed Nasheed was removed from power.

Following widespread media coverage of the country’s political unrest, Maldives Association of Tourism Industry (MATI) released a statement claiming that resorts had registered 500 cancellations in the first week following the change of government.

One Shanghai-based travel agent, Sun Yi, told Minivan News she was faced with many cancellations just two days after the events of February 7.

”It has seriously affected our business. Many guests cancelled the Maldivian holiday package which used to be very popular,” she explained, adding that her company had suspended plans to hold a commercial event at a Maldives resort this spring.

“Quite a lot of Chinese customers are very concerned of this situation. Some of them are hesitant to make reservations now,” said Emy Zheng, a Chinese national working at Villuxa Holidays.

‘Cup noodle’ scandal

Meanwhile, calls for a tourism boycott to the Maldives exploded across Chinese social media networks earlier this month, after allegations of discrimination against guests from China at one resort became widely circulated.

On March 1, dismissed Chinese employees of the Beach House Iruveli resort – formerly Waldorf Astoria – posted allegations on the Chinese forum Tianya that guests from the country were receiving inferior treatment to Europeans, despite paying the same prices.

The staff alleged that this discrimination extended to removing kettles from the rooms of Chinese guests, to prevent them making instant noodles in their rooms and thereby forcing them into the resort’s restaurants.

By Sunday, the employees’ post had been forward over 91,000 times across the Chinese blogosphere, according to one report from the International Herald Tribune, and sparked calls for a Chinese tourism boycott of the Maldives in Chinese media.

One Bejing-based travel agent specialising in the Maldives told the South China Morning Post that many Chinese tourists had started cancelling their plans to visit the country.

Minister of Tourism Ahmed Adheeb said no formal complaints had been received by Maldivian authorities over alleged discrimination at the country’s resorts.

However, Adheeb asked that in future, any tourists who had such complaints about their treatment file such concerns with the tourism ministry and other relevant authorities rather than through the press and social media.

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Construction of 100 housing units in Thulhaadhoo to begin

The foundations for 100 housing units have been laid down on the island of Thulhaadhoo in Baa Atoll in an attempt to alleviate housing difficulties on the island.

Local media reported that the project, which includes a total of 300 units, is to begin shortly and is expected to be completed within two years.

“As Housing is a big problem in Thulhaadhoo, former President Nasheed said he will reclaim land on Thulhaadhoo and that he will make the island habitable for 10,000 people.

“17 hectares were reclaimed and large stones were placed under that project,” Thulhaadhoo Council President Ahmed Rasheed was quoted as saying in local media.

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“Difficult” to consider elections credible unless Nasheed is allowed to contest: European Union

The European Union (EU) has declared that it would be “difficult” to consider the Maldives’ upcoming presidential elections credible unless former President Mohamed Nasheed is allowed to contest.

Nasheed is currently being tried in the Hulhumale’ Magistrate Court over his detention of Chief Judge of the Criminal Court Abdulla Mohamed.

His Maldivian Democratic Party (MDP) maintain that the charges are a politically-motivated attempt to prevent Nasheed from contesting elections in September, and have condemned the former President’s repeated arrest on the court’s order by squads of masked special operations police.

A number of international institutions including the UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, and the UK’s Bar Human Rights Commission, have recently expressed concern about the politicisation of the Judicial Services Commission (JSC), the legitimacy of the Hulhumale’ Magistrate Court it created, and its appointment of the three member panel of judges overhearing the Nasheed trial.

The JSC’s members include several of Nasheed’s direct political opponents, including rival presidential candidate, resort tycoon and Jumhoree Party (JP) leader Gasim Ibrahim.

Last week, several members of the JSC also testified to parliament’s independent commissions oversight committee that the creation of the court and appointment of the judges were politically suspect.

JSC Member appointed by the public, Sheikh Shuaib Abdul Rahman, last week revealed that the JSC had openly discussed their intent to eliminate Nasheed from the upcoming elections.

Chair of the Commission, Supreme Court Judge Adam Mohamed, had abused his post and powers as the chair to try and eliminate Nasheed from contesting the elections, said Shuaib, alleging that Adam Mohamed had “used the commission as a political tool”.

“The politics of the majority control the commission, hence the rule of law, due process and due diligence do not exist in the JSC,” Sheikh Rahman stated. “The commission has no amount of respect for constitutional principles.”

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman said.

In a statement on Thursday, the European Union said it “reiterates its view that the participation of the preferred candidates from all political formations in the Maldives is essential to ensuring the success of the forthcoming elections; it would be difficult to consider them credible and inclusive if Mr Nasheed and his party were to be prevented from standing or campaigning.”

“The EU takes note of the acceptance by the prosecution of a defence request to defer the trial until after the upcoming presidential elections in September and hopes that this would offer the means to ensure that ex-President Nasheed is able to participate in the electoral campaign, under the same conditions as other candidates,” stated EU High Representative Catherine Ashton.

In the statement, the EU also reminded Maldivian authorities of their “commitment to ensuring [Nasheed’s] personal safety and security.”

“The EU encourages all parties to exercise restraint, to act responsibly, and to work together to ensure that the outcome of these elections fully reflects the wishes of the Maldivian people, so safeguarding the Maldives’ democratic institutions and enabling its next government to confront the serious economic, social and environmental challenges which the country faces,” the statement concluded.

Following the EU’s comments, President’s Office Spokesperson Masood Imad tweeted on Saturday (March 16) that “it’s not proper for governments to discredit the independence and integrity of our judiciary. Doing so is undermining Democracy in Maldives.”

Masood added that the 2013 elections would be free, fair and exclusive, but would be “exclusive” of individuals who did not meet the legal criteria.

Nasheed’s trial is meanwhile due to resume on April 4 following a four week recess granted by the court.  The hearing has been scheduled despite the state prosecution stating it had no objection to delaying the trial until after the September 7 elections.

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Elections Commission to respond after Supreme Court issues injunction on dissolution of parties

The Elections Commission (EC) is to decide on how it is to proceed following Supreme Court’s temporary injunction on the dissolution of political parties.

The court issued the temporary stay order on Thursday (March 14) after Attorney General (AG) Azima Shukoor filed a case claiming that sections of the recently ratified Political Parties Act were in contradiction to the constitution.

Local media reported that Supreme Court had asked all authorities not to consider any party as dissolved until the case is decided.

President of the EC, Fuad Thaufeeq revealed that the commission would make a decision regarding what action would be taken in response to the Supreme Court’s order.

“The commission will sit tomorrow (March 17) to discuss and decide on how we shall proceed. We have to respect and obey court orders,” Fuad told Minivan News via SMS.

The Political Parties Bill – ratified by President Mohamed Waheed on Tuesday (March 12) – states that parties must now meet a minimum of 10,000 members before they can be recognised as such.

Following the bill’s approval by President Waheed, a total of 11 parties were removed of the EC’s political party registry, leaving five to compete in upcoming presidential elections later this year.

When asked whether the EC would now reinstate the parties removed off its registry prior the Supreme Court’s final decision on the case, Fuad stated: “We will follow the court’s orders.”

Out of the 16 parties that had previously existed prior to the ratification of the bill, only the Maldivian Democratic Party (MDP), Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Jumhoree Party (JP) and Adhaalath Party (AP) remain registered in the Maldives.

EC Vice President Ahmed Fayaz previously told Minivan News that the EC had removed parties that did not meet the required membership amount in “accordance to the law”.

“We followed procedure in accordance to the [Political Parties] bill. Within that bill there is a clause that clearly states, that when a party that has less than 10,000 members it is to become null and void,” he said.

It had been previously reported that upon ratification of the bill, political parties with fewer than 10,000 members would have three months to reach the required amount or face dissolution.

When asked about the clause, Fayaz stated it only applied to registered parties in accordance to the bill, and that therefore if a party does not meet the 10,000 limit it cannot be classed as such and is therefore exempt from the three-month clause.

Attorney General (AG) Azima Shukoor, Director Department of Judicial Administration Ahmed Maajid and Vice President of Elections Commission (EC) Ahmed Fayaz were not responding to calls from Minivan News at time of press.

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Cameroonian player owed over US$13,000 by Maldives football club from 2009

A second foreign footballer has come forward regarding his mistreatment by Club Valencia in the Maldives, claiming that he is still owed US$13,610 by the club since 2009.

Cameroonian national Nkemi A Rim Marcelin was signed to the Maldivian football team from 2007 to 2009, but left after he was allegedly unpaid for a total of five months.

Marcelin’s pay dispute mirrors that of another African player, Wright Charles Gaye, who was signed to Club Valencia in 2012.

On Sunday (March 10), Minivan News reported that Charles had been forced to stay in Male’ for six months whilst waiting for Club Valencia to pay him his remaining US$2,600 salary and a promised one-way ticket home to Liberia.

Unlike Charles, Marcelin was able to leave the Maldives despite being owed over US$13,000, after his new club Becamex Binh Duong Football Club in Vietnam paid for his flight out of the country.

“I feel very, very sad for the club [Valencia], I had helped to win cups in the Maldives, but they are still saying they cannot pay me my money,” Marcelin told Minivan News.

“The club’s management said they would send me all of the money in Vietnam, but I have not received anything yet,” he added.

According to Marcelin, he is still owed US$10,210 from January 2009 to May 2009, as well as a one-way ticket home worth US$1,500.

A number of emails obtained by Minivan News detailing contact between Marcelin and Club Valencia officials from 2010, show the Cameroonian striker pleading with team management and Football Association of Maldives to rectify the problem.

In a message addressed to both the former general secretary of Club Valencia Mohamed Ahmed and the club’s former Chairman Ahmed Saleem, Marcelin claims they had promised to send the money to him 10 months ago.

“I’m not good [at] this moment because my father is sick in Cameroon [and] I don’t have [the] money to give for a hospital,” reads the message, dated March 2010.

A single response sent on March 2010 from Club Valencia’s former Chairman, Saleem, reads: “Thank you for your mail. Sorry for being able to answer your call. I will try to settle your outstanding [payment] ASAP.”

Despite later pleas for the club to pay half of his owed salary for his father’s treatment and a complaint to Football Association of Maldives (FAM) – the most recent dated from February 2013 – Marcelin has received no response.

Club Valencia’s current Chairman Ibrahim Raai Rasheed was not responding to calls or text messages from Minivan News at time of press.

Football Association of Maldives

In regard to Marcelin’s complaint, FAM General Secretary Mohamed Hanim stated that the issue should have been addressed by the former FAM administration.

“We are a new administration that came in on January 26 this year. As soon as I receive a complaint on my table, I will address that problem accordingly.

“FAM will always stand for the rights of players and the clubs. If there is a player [who has a complaint] they should follow procedures for it to be addressed,” Hanim told Minivan News.

When asked if there was any concern from FAM regarding rumours that certain clubs were taking away the passports of foreign players, Hanim said: “We will not taken action on speculations and rumours, instead we take action on matters documented by players or the club itself.

In regard to the rights of players, the FAM Secretary said that the topic will be on the agenda for next Executive Committee meeting.

“The next meeting will involve discussing in more detail what actions we can be taken in regard to mistreatment of players.

“The meeting will highlight the rights of both foreign and local players and that they should be dealt with in a manner that could be regarded as inhumane. This goes for every club,” Hanim said.

Had to survive off handouts: Wright Charles Gaye

Former Club Valencia striker Wright Charles Gaye was finally able to return home on Sunday (March 10) after six months of living in poverty in Male’.

Charles, who resigned from Club Valencia in September 2012 due to a lack of salary, was left stranded in Male’ as he waited for two month’s worth of salary from the club and a promised one-way-ticket home.

Speaking to Minivan News the Liberian national said that he had been forced to live in accommodation with no water or electricity and had survived on just MVR 500 (US$32.49) a week.

Club Valencia’s management stated that the reason behind the delay in Charles’ payments, was because there had been a delay in securing financial assistance from both the sports ministry and from the club’s sponsorship.

Media coverage of Charles’ situation resulted in Club Valencia paying him US$2,600, a one-way ticket home and an extra month’s salary.

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Police officers find their names included on party registries against their knowledge

The Maldives Police Service have revealed that a number of its officers have had their names unknowingly included in certain political party membership registers.

Police Spokesperson Chief Inspector Hassan Haneef told local media on Thursday (March 14) that an unspecified number of police staff had been registered to political parties without their knowledge.

A tweet posted by Commissioner of Police Abdulla Riyaz on Thursday said that Assistant Commissioner of Police Ali Rasheed’s name was also found to be listed on a parties registry without his knowledge.

Article 69 (c) of the Police Act prohibits policemen from registering to political parties, being directly involved in political activities, and financially contributing to a such parties, local media reported.

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