Tag: parliament

Majlis sittings to resume after March 22 elections

Sittings of the first session of the People’s Majlis for 2014 will resume after the parliamentary elections scheduled for March 22, Speaker Abdulla Shahid said today.

Concluding today’s sitting held to approve a nominee to the Elections Commission, Shahid said the decision was made after consulting political parties.

The first session of 2014 started on March 3 with the delivery of the presidential address, after which the speaker announced that normal sittings would resume after this month’s parliamentary polls.

The 17th parliament began its first session on May 28, 2009.

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Parliament approves Habeeb to Elections Commission with unanimous consent

Parliament has approved Ismail Habeeb Abdul Raheem with 60 votes in favour and none against to the Elections Commission (EC) to replace former commission member Ibrahim ‘Ogaru’ Waheed.

Following Waheed’s resignation in October last year citing poor health, President Abdulla Yameen nominated three individuals to fill the vacancy on the five-member commission, submitting their names to the People’s Majlis.

All MPs belonging to the opposition Maldivian Democratic Party (MDP) in attendance today voted in favour of approving Habeeb to the post.

After interviewing Yameen’s nominees last night, the opposition-majority independent institutions oversight committee awarded Habeeb the highest marks and recommended approving his appointment to the commission.

Presenting the committee report (Dhivehi) to the Majlis floor today, Deputy Chair MP Rozaina Adam noted that one of the three nominees – former Deputy Commissioner of Police Mohamed Rishwan – did not turn up for the interview.

Meanwhile, after interviewing the third nominee, Mohamed Tholal – chair of the ruling Progressive Party of Maldives’ (PPM) elections committee – the committee learned that his wife was contesting in the upcoming parliamentary elections, Rozaina said.

Tholal had conceded that he could face a conflict of interest in EC decisions concerning the Maradhoo constituency poll, she added.

In the ensuing debate on the committee report, PPM MP Abdul Azeez Jamal Abubakur said there were “no questions about Ismail Habeeb’s competence” as he had previously served as the EC’s executive director and director general.

Habeeb was sacked from the EC in January 2013 before contesting his dismissal at the Labour Tribunal. The tribunal ordered his reinstatement in August 2013, by which time he has been appointed to the Civil Court as its senior administrator.

Government-aligned Maldives Development Alliance MP Ahmed Amir meanwhile accused former EC members of “favouring a particular political party”.

Dhivehi Rayyithunge Party MP Mohamed ‘Colonel’ Nasheed asserted that EC President Fuwad Thowfeek and Vice President Ahmed Fayaz had become “sacrificial lambs”, and praised their “hard work and service to the nation.”

The EC members had worked “like slaves during the time of the Pharaoh” under difficult circumstances to ensure citizens’ right to vote, he said, adding that unfounded allegations against the pair were “shameful”.

The outcome of last year’s presidential poll would have been different if the allegations were true, Nasheed said.

Quorum

Habeeb’s confirmation to the EC today follows the Supreme Court’s controversial removal of Thowfeek and Fayaz on Sunday on contempt of court charges.

The dismissals left the EC without the three members required for a quorum to hold meetings and approve decisions, raising doubts over the commission’s ability to prepare for and conduct the parliamentary elections as scheduled on March 22.

The Supreme Court judgment also ordered the executive, parliament, and the EC to “make all necessary arrangements” for the polls within six days.

While the President’s Office invited interested candidates to submit applications in the wake of the apex court ruling, Speaker Abdulla Shahid sent a letter to President Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Based on the counsel general’s advice, the independent institutions committee decided that Thowfeek and Fayaz remained EC members and summoned all four commissioners to a closed-door session yesterday.

The oversight committee had also summoned members of the Judicial Service Commission to discuss the Supreme Court’s ‘sumoto’ regulations as well as possible actions against the apex court.

However, with the exception of Civil Service Commission Chair Dr Mohamed Latheef and Sheikh Shuaib Abdul Rahman, JSC members refused to attend the meeting, citing short notice.

The oversight committee decided to summon members of the judicial watchdog body again on Friday (March 14).

Meanwhile, MDP Chairperson ‘Reeko’ Moosa Manik told local media yesterday that the opposition party wished to see the Majlis elections take place as scheduled on March 22.

Moosa had adjourned an MDP national council meeting earlier this week without calling a vote on a proposal to boycott the polls, stating that the party’s 85 candidates should be consulted before approving such a decision.

The Hulhuhenveiru MP suggested that the polls could be held on March 22 if parliament approved a third member to the EC as most of the preparations had been completed.

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EC dismissals: Fuwad and Fayaz remain EC members, says Majlis committee

The parliament’s independent institutions oversight committee yesterday declared that the Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz still remain in their posts despite the Supreme Court’s verdict to the contrary.

Yesterday (March 10), parliament also sent a letter to Chief Justice Ahmed Faiz Hussain and Attorney General Mohamed Anil stating that the dismissals were contrary to the constitutional procedures governing their appointment and dismissal, as well as the Elections Commission Act.

The letter stated that the contents were based on the legal advice of parliament’s Counsel General Fathimath Filza after her analysis of the Supreme Court’s verdict.

Senior leaders within the ruling Progressive Party of Maldives (PPM) have today criticised the letter, noting it did not represent a parliamentary decision and also that such statements were beyond the Majlis’ remit.

EC President Thowfeek, Vice President Fayaz and the remaining members – Ali Mohamed Manik and Mohamed Farooq – were also been summoned to attend a committee meeting at 1:30pm today (March 11).

The EC members have been summoned for the purpose of discussing how procedural matters were carried out during the case proceedings, as well as to discuss ‘suo moto’ proceedings as applied through the constitution.

The committee held discussions with the EC members as well as Thowfeek and Fayaz at a closed-door session today.

In addition to the members of the EC, the committee also decided to summon members of the Judicial Services Commission at 2pm today to debate ‘suo moto’ and the means of taking action against the Supreme Court.

Deputy Chair of the committee, MDP MP Rozaina Adam – who chaired Monday’s meeting – alleged that while the Supreme Court has the constitutional mandate of having final say in matters of justice, what is currently being observed is a tendency to abuse those powers.

MDP MP Imthiyaz Fahmy stated that “it is an obligation to criticise a court on which’s bench sits ‘naked’ judges” – referring to the leaked sex video of Supreme Court judge Ali Hameed. He added that there is no law which outlaws the criticism of courts outside of court hearings.

“What we are seeing today is judicial shamelessness,” Fahmy said, asserting that the Supreme Court’s verdict against the EC was unconstitutional.

“It’s a parliamentary statement, not a decision”: PPM PG Leader

PPM Parliamentary Group Leader Moosa Zameer has responded to the letter sent yesterday, stating he did not believe it was a parliamentary decision.

“I don’t believe it is a decision. On the other hand, the parliament can release a statement or send a letter to someone based on the advice of the Counsel General. However, that is not a parliamentary decision,” said Zameer.

“We don’t accept that the letter signed by the speaker and his deputy is a parliamentary decision. Parliamentary decisions are ones which are taken on the parliament floor,” Zameer is quoted as saying to local media.

He added that it was obligatory for all to obey the orders of the Supreme Court, and that the PPM’s stand echoed this principle.

When contacted by Minivan News for further comment, neither Zameer’s nor PPM MP Ahmed Nihan were responding to calls at the time of press.

President Abdulla Yameen has also criticised the letter, claiming that it is outside the parliament’s mandate to release such a statement.

Speaking at the launching of PPM’s Villimalé parliamentary candidate Ahmed Nihan’s campaign, Yameen stated that it was the norm in a modern civilisation to obey the rulings of the Supreme Court.

He reiterated that the government would follow the orders of the Supreme Court and that it would proceed to elect new members to the EC.

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Attorney General unveils 207-bill legislative agenda

Attorney General (AG) Mohamed Anil unveiled a 207-bill legislative agenda last night for the current administration’s five-year presidential term.

Speaking at a ceremony held in Nasandhuraa Palace Hotel to launch the AG Offices’ strategic plan along with the legislative agenda, Anil said the the agenda was comprised of 98 new bills and 109 amendments to existing laws.

Anil observed, however, that bills should originate from parliament instead of the executive in “a perfect presidential system” and criticised the People’s Majlis for its lack of initiative.

“[Submitting bills] should be done by the Majlis as well. But we don’t see that spirit in the Maldives,” he said.

Of the 207 bills, Anil said the government hoped to submit 65 pieces of legislation to the legislature this year once the 18th parliament was sworn in after the elections on March 22.

“One of the highest priorities of the legislative agenda will be formulating bills for implementing the [policies] in the government’s manifesto,” he said.

The new legislation includes bills on establishing special economic zones, conducting public referendums, regulating the legal profession and health services, as well as new laws governing children’s rights, medical negligence, free expression, and implementation of the death penalty.

Anil said that the AG office was working with independent bodies to expedite and strengthen the functioning of new institutions created by the constitution.

The AG office has received assurances from the judiciary of its cooperation in drafting laws to strengthen the justice system, he added.

As a result of parliament’s failure to complete the legislative framework needed to enact the 2008 constitution, Anil said there were “many laws and provisions in our books that are contrary to the constitution.”

The new administration has commenced efforts to identify and abolish outdated and unconstitutional laws, Anil said, adding that the legislative agenda and strategic plan were formulated for that purpose.

Anil also criticised the administration of former President Mohamed Nasheed – which took office three months after the ratification of the new constitution – for failing to pass legislation needed to strengthen and reform the judiciary.

He suggested that the Maldivian Democratic Party government did not prioritise legal reforms due to the political situation at the time. As a result, he added, the shortcomings of the justice system worsened over the years.

The AG’s office will review the problems in the judiciary and enact reforms during the next five years, he said.

Budget constraints and legislative framework

The AG also expressed concern with the MVR17 million (US$1.1 million) annual budget allocated for his office, which he said posed difficulties for executing its responsibilities.

While the office needed 43 lawyers, he noted that there were only 18 presently working at the office.

The AG’s Office should have a budget of similar size to that of the Prosecutor General, Anil insisted – which was MVR26 million (US$1.7 million).

The team working at the AG office was “inexperienced and young” but hardworking and determined, he added.

In August last year, parliament revealed that 43 bills were required to give effect to the constitution, of which 24 were submitted and 18 were passed by the 17th People’s Majlis.

Legislation currently under review at the committee stage includes the education bill, the penal code, the criminal justice procedures bill, and the evidence bill.

Among the 19 bills that have yet to be submitted included legislation governing public referendums, freedom of expression, press freedom, parliamentary ombudsman, state secrets, defamation, women’s rights, public services, trade unions, legal counsel, civil justice procedures, and national security.

The executive was also required to submit amendments to existing laws governing the Human Rights Commission, the Civil Service Commission, the auditor general, children’s rights, and family matters.

Meanwhile, prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or which did not derive their authority from an act of parliament.

The parent act prolonged the lifespan of these regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

Since the first deadline for passing the new laws elapsed in 2009, parliament has been extending the general regulations law for one-year periods. The last extension was approved in April 2013.

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Judiciary excluded from presidential address due to Yameen’s trust in the institution

President Abdulla Yameen’s failure to discuss judicial reform in his first presidential address was due to the “trust [he] has in the institution” and because of the respect the government feels towards the bench, he has said.

Speaking at the opening of a campaign office for PPM candidate Mohamed Ameeth, Yameen stated that the government will not criticise the judiciary’s verdicts, and that the institution has the government’s trust.

Yameen had been the subject of criticism from the political opposition, who described his speech at the opening of the People’s Majlis as failing to address the country’s most pressing issues.

Yameen did acknowledge, however, that there are delays in the completion of some cases by the judiciary, adding that the executive is currently working with the judiciary to seek solutions to the issue.

“Even during the presidential election campaigns we never criticised any judgement or verdict of the judiciary. What we did criticise was the slow rate of cases going through, and how some cases get delayed for long periods of time,” said the president.

“That is still the case, and we will continue talking about this lack of speed,” Yameen said.

Following the president’s address, Maldivian Democratic Party (MDP) spokesman Imthiyaz Fahmy accused the president of omitting critical issues from the address, including the state of the judiciary, and decentralised governance.

Discussing the approaching parliamentary elections yesterday, the president suggested that the MDP had a record of acting dictatorially when holding a Majlis majority.

He accused the now-opposition party of unduly influenced independent institutions when in power, asserting that this behaviour will never be seen from the ruling Progressive Party of Maldives government.

Yameen further stated that the MDP, while loudly advocating for the separation of powers, had “locked and bolted the powers”.

While the opposition currently hold the majority of seats in parliament, they have so far failed to appoint a prosecutor general or a member for the vacant seat in the EC, he noted.

The MDP has pledged judicial reform during it’s Majlis campaign, while the party’s slogan for this year’s campaign is ‘Vote for the scale for separation of powers’.

Case against the EC

Yameen also addressed the case against the Elections Commission (EC) in the Supreme Court, stating that it was not a matter that concerned the executive.

He stated that, while some foreign countries are raising concerns about the matter, he believed the court case against the EC was something the government need not interfere with.

Yameen questioned the logic of countries who expressed concern about the matter, stating that it was “inexplicable” when the separation of powers was generally accepted.

“It is these foreign powers who most strongly want assurance that the executive will not interfere with matters of the judiciary. And yet today, when there is a case against an independent institution, they are worried that we are not interfering and making comments on the matter.

“Our foreign policy is to respectfully accept their concerns, and to still not comment on an institution which in our sovereign right the government wishes to refrain from commenting on,” Yameen stated.

He asserted that justice would be served to all alike – whether they be from among the general public, or someone holding a senior office in a state institution. The president concluded by saying that even if he himself was summoned to the Supreme Court, he would attend dutifully and without question.

While addressing the UN Human Rights Council this week, Foreign Minister Dunya Maumoon also called upon the international community not to undermine the Maldives judiciary .

The judiciary has been criticised by a number of international actors as being both under qualified and lacking independence.

Prominent critics have included the UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul, the International Committee of Jurists, the UK Bar Human Rights Committee, and the US State Department.

In June 2013, spy camera footage revealed a Supreme Court judge allegedly speaking about the politicisation of the judiciary, stating “even [Parliament Speaker]Abdulla Shahid will know very well that my stand is to do things the way [current president] Yameen wants.”

In the tape, the judge also claimed to be a person who “even Yameen cannot play with” and that over time he had “shown Yameen” who he is.

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EC awaiting budget from Finance Ministry for parliamentary polls

A budget of MVR25 million (US$1.6 million) allocated for conducting the parliamentary elections on March 22 has not been released in full to the Elections Commission (EC), commission members told MPs on the government oversight committee today.

At today’s meeting of the oversight committee – held upon request by three opposition Maldivian Democratic Party (MDP) MPs – EC President Fuwad Thowfeek explained that the commission had to make individual requests to the Finance Ministry to pay bills and settle other expenses incurred in preparations for the polls.

“We have to do this in a very unorganised, unsystematic way,” Thowfeek said, adding that in the past the commission could “limit and plan expenses” as it was working with the full budget.

An official from the Finance Ministry told Minivan News last week that there would not be any restrictions in releasing funds if the ministry was convinced the money was required for election preparations.

While Finance Minister Abdulla Jihad was currently out of the country, Acting Minister Mohamed Saeed informed the committee that he was unable to attend today’s meeting.

Committee Chairman MDP MP Ali Waheed read out a letter from the Finance Ministry assuring MPs that the necessary funds will be provided to the commission.

Additional funds required for the polls had not yet been released because the EC has not exhausted its budget for 2014, the letter signed by Permanent Secretary Ismail Ali Manik stated.

It added that the ministry would settle bills forwarded by the EC.

Pending

Thowfeek however informed MPs that in addition to funds earmarked for political parties and employees’ wages, the commission had MVR9 million (US$583,68) left in its 2014 budget.

The total amount owed for pending bills exceeded MVR9 million, EC member Ali Mohamed Manik noted, adding that the amount was insufficient for conducting an election.

Manik said the commission did not have the funds to hire 10 temporary staff to man its 1414 number, whilst it was also unable to hire speedboats from private businesses as they were no longer willing to raise the credit limit.

The EC found itself without enough petty cash to buy water on some days, Manik added.

Thowfeek meanwhile revealed that  in January a Singaporean hotel sued the Maldives High Commission over unpaid bills.

The hotel bill for election officials sent to Singapore for last year’s presidential election was later settled by the Finance Ministry, he said.

Moreover, Island Aviation refused to transport election officials and ballot boxes for January’s local council elections due to outstanding payments, Thowfeek said.

“So we had to scramble and call the Finance Ministry,” he said, adding that EC staff found it “very difficult” to contact senior officials from the ministry.

The EC’s work was “stalled” in such cases, Thowfeek said: “For example, when we couldn’t send ballot boxes to islands, we had to tell finance [ministry] and they gave an instruction to Island Aviation to raise the credit limit,” he said.

On schedule

Asked by MDP MP Visam Ali if there was any guarantee that the polls could take place on March 22, Thowfeek said the EC’s preparations were presently on schedule.

“However, the suspicion or fear is that while we are working without money at hand and in the hope that the funds will be provided, the certainty that we want for our institution is a bit low,” he said.

Thowfeek told Minivan News last week that the EC has so far been able to manage expenditures with cooperation from the ministry.

“Now we are using the office budget mostly. But the Finance Ministry is releasing funds as we spend,” he said.

EC Secretary General Asim Abdul Sattar meanwhile said today that the Finance Ministry had not replied to four letters from the commission concerning its expenses.

However, Finance Minister Jihad had given verbal assurances to commission members that funds will be made available, Asim said.

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President Yameen delivers first presidential address

President Abdulla Yameen today delivered his first presidential address in the parliament’s first official session after recess.

President Yameen detailed his administration’s achievements – claiming success in all the 100-day initiatives.

He explained that the executive had now drafted a legislative agenda for the next five years which would be gradually submitted to parliament in the form of draft bills.

The opposition Maldivian Democratic Party (MDP) has described the address as “taciturn and rather nonsensical”, arguing that major issues such as the Supreme Court and the recent HIV scandal at IGMH were ignored.

Opening the ceremony, Parliament Speaker Abdulla Shahid noted that this was first instance where an MP has been unable to attend the presidential address due to incarceration, referring to MP Abdulla Jabir.

Shahid also condemned the attack on MDP MP Alhan Fahmy, calling for the cessation of all acts against the implementation of rule of law and legal obligations. Alhan attended today’s ceremony returning from Sri Lanka where he underwent spinal surgery following his February stabbing.

The president began his address by noting that, although national debt would increase this year to MVR31 billion, the debt percentage can be maintained at 78 percent of GDP in 2014.

Government developments

Yameen said that the government had decided to construct a youth city in Hulhumalé and that physical work on construction of a bridge connecting capital city Malé to the airport island Hulhulé will begin before the end of the year.

He added that once the development of the Ibrahim Nasir International Airport in Hulhumalé is completed, it can be maintained for use for a duration of at least 50 years, and that the construction of two new airports – in Kulhudhuhfushi and Felivaru – have now been opened for bidding.

Yameen also spoke of the need to strengthen investor confidence, and pledged to eradicate all obstacles and difficulties currently faced by foreign investors.

Yameen noted that the number of tourist arrivals had already increased to 348,000 in the past three months, stating that this added US$70 million to government earnings. He added that the government intended to introduce tourism to atolls currently not involved in the sector.

Regarding the fisheries sector, Yameen stated that a system has been put in place where fishermen who earn less than MVR10,000 a month will be given financial aid from the state. He added that this will commence in a period of two months.

He also pledged that scholarship schemes will be offered in the near future to students who pass a minimum of three GCE Advanced Level subjects.

On the topic of health services, Yameen stated that arrangements are being made to introduce new health facilities – including ambulance speedboats – to the country. He added that an initiative has now begun where existing health institutions are being categorised and supplied with the necessary medical equipment.

The president said that the government would shortly submit a bill to parliament seeking to provide financial aid to persons with special needs,as well as a bill seeking the establishment of special economic zones within the country.

MDP Response

MDP Spokesperson Imthiyaz Fahmy described President Yameen’s address as ignoring many pressing issues, suggesting that he appeared “disconnected with what is happening here and now”.

“To begin with, the whole country is appalled and in shock about the HIV infected blood transfusion at IGMH which recently came to be known of. And yet, there was no apology or even a mention of the matter,” said Fahmy

Fahmy suggested that the president spend excessive time discussing administrative issues such as queues outside government offices and phones not being answered efficiently at the expense of issues of wider importance, such as the judiciary.

“This is something the whole world is talking about, that our judiciary needs to be reformed. And yet, Yameen did not even mention them,” Fahmy continued.

“He also failed to condemn the way the Elections Commission is being unconstitutionally dragged to the Supreme Court at a time when there is an election looming overhead.”

The party’s official response will be delivered via the Majlis.

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Parliament’s newly appointed security officers commence duties

Despite 25 independent security officers having commenced work in the Majlis, the Maldives National Defence Force (MNDF) is still continuing to provide security services to the Majlis, parliament has said.

The decision to appoint a Serjeant at Arms to the People’s Majlis was made shortly after an MP was forcefully removed from the premises last October on the orders of the Supreme Court.

Majlis Speaker Abdulla Shahid said at the the time that the MNDF – which has traditionally overseen security at the Majlis – had ignored his orders on the day of the incident.

Parliament’s Consul General Ahmed Mohamed has declined to comment on the respective mandates of the private and MNDF security officers, according to local media.

The Defence Ministry has criticised the establishment of an independent security unit, claiming that the MNDF is required by the constitution to provide such services.

The 25 officers were selected from among 267 applicants. The parliament announced that inclusive of allowances, each officer would be earning a monthly salary of MVR 14,350.

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Speaker expresses concern over weakening of parliamentary privileges

Speaker of the People’s Majlis, Abdulla Shahid has expressed concern over the weakening of parliamentary privileges and fears over a return to how pre-2008 restrictions on politicians.

“As the speaker of the People’s Majlis I would like to say that all the constitutional rights guaranteed for the members of the parliament to express themselves without any fear in order to protect citizens’ rights have now been taken away,”  he said, speaking at the inauguration of a campaign center for MDP Gaddhoo-Vaadhoo constituency candidate Ibrahim Ameer,

Shahid noted that Jumhooree Party leader Gasim Ibrahim was imprisoned under President Maumoon Abdul Gayoom’s administration for expressing an interest to become the speaker of the People’s Special Majlis(constitutional assembly), after which Abbas Ibrahim -Gayoom’s brother in-law – was elected speaker.

He said it was to prevent such thing from happening that the Parliamentary Privileges Act had been designed in a way that no MP could be detained during a no-confidence vote against the president, cabinet, or institutions.

“We made that decision because such things have happened in the Maldives’ past. But this article has now been invalidated by the supreme court,” he said, stating that the government can now once again control votes by arresting MP s over petty charges.

Shahid also said that,  if the government coalition wins a majority in the upcoming parliamentary elections, the constitutional mandate for the People’s Majlis to hold the government accountable will become ‘useless’, adding that was crucial for the opposition MDP to win the election for this reason.

“The Majlis has a duty to hold the government accountable, how can one hold oneself accountable? If those who control the government win the parliament, Article 70 (b) 3 of the constitution will become useless.”

The article in reference states that parliament has the power to supervise the exercise of executive authority and to ensure executive authority is accountable for the exercise of its powers.

Shahid said that, prior to the 2008 constitution, Maldivians never got the chance to hold their government accountable and that anyone who dared to do so faced suffering, pain, and torture.

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