[Deathpenalty] death penalty news----worldwide
Rick Halperin
rhalperi at smu.edu
Thu Oct 12 10:12:08 CDT 2017
Oct. 13
GLOBAL:
UN: 170 Countries Abandoned the Death Penalty
The countries that abolished the death penalty have reached 170. 87% of the
death sentences are carried out in 4 countries. They are Iraq, Iran, Pakistan
and Saudi Arabia. These figures were released on Tuesday by the United Nations
on the World Day against the Death Penalty - Oct. 10.
UN Secretary General Antonio Guterres says there is "no room for the death
penalty in the 21st century", quoted by news.bg. Some of the 170 countries have
abolished it or ceased to practice it last month. 2 African States. Gambia and
Madagascar - have taken important steps to end the death penalty, - said the UN
chief.
In 2016, the number of convicted persons decreased by 37% compared to the
previous year.
The UN also believes that there are a large number of executions in China, but
there is "no accurate data" on this issue.
It should not be forgotten that several states in the United States still have
the heaviest punishment.
(source: novinite.com)
********************
Pope Francis: The death penalty is contrary to the Gospel
Pope Francis declared Wednesday that the death penalty is "contrary to the
Gospel." He said that "however grave the crime that may be committed, the death
penalty is inadmissible because it attacks the inviolability and the dignity of
the person."
He did so in a major talk on Oct. 11 to an audience of cardinals, bishops,
priests, nuns, catechists, and ambassadors from many countries on the 25th
anniversary of the promulgation of the catechism, affirming that there has been
a development of doctrine in the church and a change in the consciousness of
the Christian people on the question of the death penalty. The pope's comments
and the timing of them suggest that a revision of the Catechism of the Catholic
Church may be forthcoming to reflect this new development in the church's
understanding.
"One has to strongly affirm that condemnation to the death penalty is an
inhuman measure that humiliates personal dignity, in whatever form it is
carried out. And [it] is, of itself, contrary to the Gospel, because it is
freely decided to suppress a human life that is always sacred in the eyes of
the Creator, and of which, in the final analysis, God alone is the true judge
and guarantor," Pope Francis said.
"One has to strongly affirm that condemnation to the death penalty is an
inhuman measure that humiliates personal dignity, in whatever form it is
carried out."
Reiterating an observation in his Letter to the President of the International
Commission against the Death Penalty, March 20, 2015, Francis said that "No man
ever, not even the murderer, loses his personal dignity, because God is a
Father who always awaits the return of the son who, knowing that he has done
wrong, asks pardon and begins a new life." For this reason, he said, "life
cannot be taken away from anyone" and there must always be "the possibility of
a moral and existential redemption that will be to the favor of the community."
His statement is sure to be welcomed by bishops' conferences and the
overwhelming majority of the Christian faithful around the world, many of whom
have long called for the church to take this stance. His predecessors have been
slowly moving towards the position taken today by Francis. Every pope since St.
John XXIII has appealed to governments worldwide on behalf of persons condemned
to death, asking for clemency.
When St. John Paul II published the catechism in 1992 it still admitted the use
of the death penalty (No. 2266). But strong reaction from bishops and the
faithful in many countries led him to revise the text in 1997, with the help of
then-Cardinal Joseph Ratzinger. The revised text (No. 2267), however, still did
not exclude the death penalty on moral grounds as Pope Francis did today; it
said that given the possibilities the modern state has of rendering the
criminal incapable of doing harm again, then "the cases in which the execution
of the offender is an absolute necessity 'are very rare, if not practically
non-existent.'"
When St. John Paul II published the catechism in 1992 it still admitted the use
of the death penalty.
Several times since becoming pope, Francis has made clear his total opposition
to the death penalty, including in his speech to the U.S. Congress and to the
United Nations in September 2015. But today he took a much greater step than
any of his predecessors by declaring publicly on a solemn occasion, directly
related to the Catechism of the Catholic Church, that the death penalty is
"contrary to the Gospel" and "inadmissible," making clear that the catechism
must address the question in this more complete way.
The Jesuit pope began his talk by recalling that at the opening of the Second
Vatican Council on Oct. 11, 1962, John XXIII said, "It is necessary first of
all that the church should never depart from the sacred patrimony of truth
received from the Fathers. But at the same time, she must ever look to the
present, to the new conditions and new forms of life introduced into the modern
world which have opened up new avenues to the Catholic apostolate." Moreover,
Pope John added, "our duty is not only to guard this treasure, as if we were
concerned only with antiquity, but to dedicate ourselves with an earnest will
and without fear to that work which our era demands of us, pursuing thus the
path which the church has followed for 20 centuries."
Drawing on this, Francis said the church's "task and mission" is "to announce
in a new and more complete way the everlasting Gospel to our contemporaries"
with "the joy that comes from Christian hope, fortified by the medicine of
mercy."
He recalled, too, that John Paul II, in his presentation of the catechism 25
years ago, said "it should take into account the doctrinal statements which
down the centuries the Holy Spirit has intimated to his Church" and "it should
also help to illumine with the light of faith the new situations and problems
which had not yet emerged in the past."
He described the catechism as "an important instrument" for presenting and
helping the faithful understand better the faith and for coming close to our
contemporaries by presenting the faith as "a significant response for human
existence in this particular historical moment."
In a highly significant statement, Pope Francis emphasized that "it's not
sufficient to find a new language to announce the faith of always; it is
necessary and urgent that, faced with the new challenges and new horizons that
are opening for humanity, the church can express the new things of the Gospel
of Christ that, while enclosed in the Word of God, have not yet come to light."
He sought to contextualize the Catechism in the life of the church by
explaining that "to know God" is not first and foremost "a theoretical exercise
of human reasoning but an unquenchable desire impressed in the heart of every
person. It's the knowledge that comes from love, because we have met the Son of
God on our path. The catechism is to be seen in this light of love, as an
experience of knowledge, trust and abandonment to the mystery."
The "should find a more adequate and coherent space in the Catechism of the
Catholic Church."
In this context, he turned to the question of the death penalty, which he said,
"should find a more adequate and coherent space in the Catechism of the
Catholic Church."
Speaking of the way the church's teaching on the death penalty in presented,
Francis declared that "this problem cannot be merely reduced to a mere memory
of historical teaching without bringing to the fore not only the progress in
the teaching by the work of the last pontiffs but also the changed awareness
consciousness of the Christian people, that rejects an attitude which consents
to a punishment that heavily harms human dignity."
Aware that some will question this radical change in the light of what happened
in the Papal States and church in the past, Francis explained that "in past
centuries, when faced with a poverty of instruments of defense and social
maturity had not yet reached a positive development, recourse to the death
penalty appeared as the logical consequence of the application of justice which
had to be adhered to."
"Sadly, too," he said, "also in the Papal State there was recourse to the
extreme and inhuman remedy, ignoring the primacy of mercy over justice."
Speaking as the Successor of St. Peter, he said, "We assume responsibility for
the past, and we recognize that those means were dictated more by a legalistic
than a Christian mentality. The concern to fully preserve the powers and the
material riches led to an overestimation of the value of the law, preventing a
going in depth into the understanding of the Gospel."
Turning to the present time, Francis said, "Today, however, to remain neutral
[on this question] in the face of new demands for the reaffirmation of personal
dignity, would render us guiltier."
Clearly anticipating objections of a theological nature from some quarters,
Francis explained, "Here we are not in the presence of any contradiction with
past teaching, because the dignity of human life from the first instant of
conception to natural death has always found in the church it coherent and
authoritative voice." Indeed, he said, "the harmonious development of doctrine
requires putting aside positions in defense of arguments that already appear
decidedly against the new understanding of Christian truth."
In this light, he declared, "It is necessary therefore to restate that, however
grave the crime that may be committed, the death penalty is inadmissible
because it attacks the inviolability and the dignity of the person."
Pope Francis concluded by saying: "Tradition is a living reality and only a
partial vision can think of 'the deposit of faith' as something static. The
Word of God cannot be conserved in mothballs as if it were an old blanket to be
preserved from parasites. No. The Word of God is a dynamic reality, always
alive, that progresses and grows because it tends towards a fulfillment that
men cannot stop."
This "law of progress," he said, "appertains to the peculiar condition of the
truth revealed in its being transmitted by the church, and does not at all
signify a change of doctrine. One cannot conserve the doctrine without making
it progress, nor can one bind it to a rigid and immutable reading without
humiliating the Holy Spirit."
(source: americanmagazine.org)
UGANDA:
Uganda Can Abolish Death Penalty - EU Envoy
The European Union Head of Delegation to Uganda, Mr Attilio Pacifici has urged
Uganda to abolish the death penalty because it is "the global trend."
"It's not a strong correlation between the poverty and capital punishment,
there's such a strong link; people living in poverty are at a greater risk of
suffering the death sentence because they have no access to credible defence,"
Mr Pacifici said.
He was speaking at the International Day Against the Death Penalty at the
Foundation for Human Rights Initiative in Nsambya, Kampala, on Wednesday.
The 15th anniversary was attended by death row survivors, human rights
defenders, officials from the Uganda Prison Services, the French Ambassador to
Uganda, Ms Stephanie Rivoal, politicians, among others.
The envoy said the death penalty is an inhuman and degrading form of punishment
that does not deter crime.
He hailed the Prison Services for allowing his delegation to conduct a survey
at Luzira Prisons last week where they discovered that most of inmates on death
row are poor and could not afford justice. "Not every country allows foreigners
into their prisons," he said.
He stressed the importance of giving people a 2nd chance.
He decried several flaws in the criminal justice system.
"Judges are human beings, like police officers, they make mistakes. Good legal
aid is not available to the vast majority of defendants," he said. "They
[suspects] cannot afford it, some case files go missing; miscarriage of justice
is inevitable in every justice system and is irreversible. How then can someone
in an error-prone and imperfect system pass an irreversible sentence?"
He cited the cases of Mr Edmary Mpagi and Mr Patrick Zzizinga, who were
sentenced to death for murders they never committed.
Alicia Vikander won a Best Supporting Actress Oscar in 2016, but what are some
things you might not have known about this stunning starlet?
Mr Mpagi and his cousin, Mr Fred Masembe (who died in prison) were sentenced to
death in 1982 for murdering George William Wandyaka, their neighbour in Masaka
District.
However, Mr Wandyaka was found alive even after Mr Mpagi's release after 18
years on death row. Mr Zzizinga on his part, was convicted and sentenced to
death for "killing" his wife with whom they still live.
Even after the famous Suzan Kigula, in which the Supreme Court annulled the
mandatory death sentence, and ordered a review of all cases for resentencing,
many death row inmates still suffer inordinate delays in the appellate process,
because they cannot afford timely justice or their files went missing.
"The death penalty is not prevention, not reparation, it's just revenge," Ms
Rivoal, the French ambassador said, adding that abolition is a sign of respect
for human life. "It's a moral choice. A political choice and here in Uganda,
it's your choice."
Status
Currently, Uganda has 160 death row inmates, 6 women. Uganda has 28 offenses
that attract the death--the highest number in East Africa--however, with
exemptions to juveniles, pregnant women and the mentally ill.
The last executions happened in 1999 and 2005 for the civilian and military
systems, respectively.
Public support for the death penalty in Uganda has tremendously reduced, with
64 per cent reportedly backing abolition.
The ambassador said, the EU (which funded the Kigula petition) has no intention
to interfere with Uganda's courts, but it will support strengthen the judiciary
and entire justice system.
He thus urged government to: pass the Law Revision Law (Revision Penalties in
Criminal Matters) Miscellaneous Amendment Bill 2015 to give effect to the
Supreme Court ruling in Kigula and limit the application of the death penalty
to the most serious crimes as defined by international standards; require that
all competent authorities consider the economic status of the defendants in
deciding whether to impose or uphold a death sentence; ensure full respect for
the right to a fair trial and the right to effective counsel and work to reduce
poverty and inequality in the country.
(source: allafrica.com)
**********************
Tears as death row inmates beg for mercy
The request was made in a song presented to the EU head of delegation Atilio
Pacifici and other heads of missions accredited to Uganda who were on a fact
finding mission ahead of the commemoration of the 15th World Day against Death
Penalty.
A somber mood engulfed the female wing of Luzira Prison as inmates on death row
wept while begging for mercy and asking Government to give them a 2nd chance to
life.
The request was made in a song presented to the EU head of delegation Atilio
Pacifici and other heads of missions accredited to Uganda who were on a fact
finding mission ahead of the commemoration of the 15th World Day against Death
Penalty.
With tears flowing down their faces, they admitted to have committed crimes but
they have realized their mistakes and apologize to the public, they have
reformed and promise to live a responsive life if given a 2nd chance to live,
the inmates sung.
"It's true we have accepted we made a mistake, we seek for your forgiveness in
repentance. Death penalty should be abolished, we won't do it again, we are
broken please don't kill us we are so sorry, the inmates cried as they begged
for mercy.
"We apologize to our country; we apologize to fellow Uganda citizens. We
apologize to the people we offended. We are remorseful because our acts for
that reason reformed, the inmates sung as they asked for forgiveness.
"The European Union strongly opposes the death penalty in all circumstances,
and works towards the universal abolition of the death penalty, if necessary by
lobbying for the immediate establishment of a moratorium which paves the way
for its abolition," Pacifici informed inmates.
For the last 12 years, on October 10 of every year, nations have commemorated
World Day against the Death Penalty. But Uganda still retains the death penalty
although no execution has been carried out since 1999, when Haji Mustapha
Sebirumbi was sent to the gallows.
Currently, 155 out of 195 independent states have abolished the death penalty
in law or practice. 105 states have fully abolished the death penalty including
19 from Africa, 6 have abolished for ordinary crimes, 48 states have abolished
in practice while 36 are executing.
Although Uganda last carried out executions in 1999, courts still sentence
people to suffer death. Uganda's Prisons currently accommodate 198 death row
inmates of these, 11 are female while 187 are male. For an execution to be
carried out, the President has to sign a warrant first.
Annet Nakafeero, a former death row prisoner in an interview with the New
Vision says she collapsed the moment court pronounced that she was sentenced to
suffer death.
"I fainted and collapsed in the dock but gained cautiousness while in the
condemn section of Luzira Women's prison. Being a single parent, I kept
thinking of what would befall my children in case I died in prison," Nakafeero
narrates.
Although her penalty was reduced, she did not regain freedom since High Court
sentenced her to 45 years after mitigation hearing. She said she was surprised
when the High Court gave her a long sentence despite her pleadings and appeals
by her children and prison authorities.
Nakafeero said she had an abusive marriage which resulted into the murder of
her husband.
"It is true I committed a crime but I apologized and given a chance, I am a
reformed person and ready to go back to my community and sensitize people
against wrong doing. I have learnt a lot and I feel changed," narrated
Nakafeero.
Despite the High Court ruling, Nakafeero is still waiting for her final verdict
after 13 years.
Jamilah Zubedah, the youngest death row inmate who was imprisoned at the age of
14 for murdering a man she claimed to have abducted her and forced her into
marriage with his 5 wives says she did not intend to kill him.
"I was abducted and forced into marriage, while in abduction, I decided to mix
sleeping tablets into the man's food so that I could take advantage of his
sleep to escape, unfortunately his children ate the food and died," Zubedah
confessed.
"I apologize for that I did and pray that Government gives me a 2nd chance
because I was young but now I have grown up and I have learnt how to resolve
problems," Zubedah cried as she begged for mercy.
Foundation for Human Right???s Initiative and other partners who were in the
campaign for the abolition of the death penalty carried out various activities
including a solidarity visit to death row inmates at the Women's prison and the
condemn section of Luzira.
Other Diplomats present included; Stephanie Rivoal the French Ambassador, Hugo
Verbist the Belgian Ambassador, Henk Jan Bakker Netherlands Ambassador,
Domenico Fornara the Italian Ambassador, Finbar Obrien Irish Ambassador, Petra
Kochendoerfer Charge d'Affaires- German Embassy and Mogens Pedersen the Danish
Ambassador.
(source: New Vision)
KENYA:
Lift death row penalty, says ICJ
The International Court of Justice (ICJ) wants the government to lift the death
sentence arguing that it violates a person's right to life.
During a meeting with death row inmates and prison heads held at the Kamiti
Maximum Prison, ICJ argued that hanging is not the best way to rehabilitate
prisoners.
"Death row does not in any way rehabilitate someone who has made a mistake in
his or her past," said Silas Kamanza, Programs Officer at ICJ. "It just
tortures them, both psychologically and physically. In addiction to this, it
violates their right to life which is against the Kenyan constitution."
Peter Kehia Mwaniki, who has been waiting for the hangman for the past 16 years
at Kamiti prison said that he has trouble sleeping as he knows not the day or
the time.
"I have been here since 2001 when I was sentenced to death. When you know you
are going to die, you can't even sleep at night, all you think about is your
death and the anxiety of not knowing when it will happen," he said.
Mr. Mwaniki, currently a law student at the prison university was found guilty
of robbery with violence and murder.
If the death penalty was raised, he feels that it would give him a 2nd chance
to make Kenya better.
David Munyui is another inmate who has been at Kamiti for the last 2 years. He
was sentenced to death after being "framed for murder."
"I was framed for murder simply because I was the last person to be seen with
the deceased. I was sentenced to death and right now, I have left my fate to
God. There's little more I can do," Munyui said.
Kamanza said that most of the inmates on death row either don't have the money
to hire a competent lawyer to allow them to access a fair hearing in court or
they never make it to trial due to the rampant corruption in the country.
(soruce: citizentv.co.ke)
IRAN:
Iran Among Top 3 Death Penalty Countries -- New Persecutions
As human rights groups marked the World Day against Death Penalty on October
10, Amnesty International, AI, announced that China, Iran, and Iraq were the
top three countries carrying out executions.
Courts in these countries have issued death sentences after unfair trials often
based on confessions obtained through torture. Amnesty International also said,
Iran is one of the few countries in the world that uses the death penalty to
punish political opponents.
The organization does not have accurate information about the number of
executions in China, however, it estimates that more than 567 people were
executed in Iran in 2016.
"At least 1/2 of the death penalties in Iran are due to drug related offenses
which are globally not considered serious crimes," Raha Bahreini from Amnesty
International said in an interview with Radio Farda.
Currently, up to 5,000 mostly young people are on death row because of drug
trafficking.
For many years, experts and lawmakers discuss the possibility of abolishing the
death penalty for drug related offenses.
In August, parliament passed an amendment that would raise the threshold for
imposing the death penalty in drug trafficking cases to 50 kg of opium, and 2
kg of heroin, morphine, cocaine, or their chemical derivatives. The amendment
requires a second approval by the parliament and a final approval by the
Guardian Council.
The council, controlled by ultra-conservative clerics has been responsible for
some modifications of the original bill. After the modifications, the positive
aspects of the bill have been weakened significantly, Tara Sepehrifar from
Human Rights Watch told Radio Farda.
Iran also has been criticized by human rights organizations for executing
minors. Based on their estimates, at least 90 young convicts are awaiting their
death in Iranian prisons.
Continuing persecution of minorities and activists
The Islamic Republic continues the persecution of members of religious
minorities and political and human rights activists. In recent years, several
members of a Sufi order have received long prison sentences or sent to exile in
a remote area.
Early this month, a revolutionary court in Shiraz convicted Mohammad Ali
Shamshirzan, a member of a Gonabadi order, to life imprisonment for "waging war
against God".
Last week, a court in Tehran convicted 7 reformists, including the brother of
former president Mohammad Khatami to up to 2 years in prison and a ban from
political and journalistic activities due to "propaganda against the regime".
They are all members of the banned reformist party, Participation Front who
recently wrote an open letter to parliament criticizing the Revolutionary Guard
for interfering in court cases related to political activists.
The members of Baha'i community are still treated harshly by security and
judicial institutions in Iran. In recent days, Baha'i sources reported that 8
new members of their community had received jail sentences. They had been
charged with "propaganda against the regime" and "promoting Baha'i faith".
In an interview with Radio Farda, Simin Fahandej from Baha'i International
Community condemned the sentences and said their only crime was that they were
Baha'i and nothing else.
(source: radiofarda.com)
*******************
Death Penalty: Oral Statement 36th session of the Human Rights Council
Amnesty International is concerned about the way in which the death penalty is
used in the minority of states that still resorts to it, and in particular
wishes to draw the attention of the Council to the states that disregard their
international obligations and impose death sentences for offences that took
place when the sentenced persons were below 18 years of age.
(soruce: iran-hrm.com)
THAILAND:
Ministry says lifting of death penalty needs public hearing
The Ministry of Justice says the call by Amnesty International for Thailand to
lift death penalty and execution needs a public hearing to hear views from all
relevant individuals and agencies.
The statement by the ministry's permanent-secretary Visit Visitsora-at came
after the Amnesty International resubmitted its call citing that the country
now has a new constitution in place.
He said Article 77 of the Constitution states clearly of a public hearing in
case of making any change in the law.
Therefore the lifting of the death sentence and execution needs amendment of
the law and the holding of the public hearing, he said.
The result of the public hearing will then be submitted to the cabinet for
approval.
(source: thaipbs.or.th)
JAPAN:
Death penalty sought for 'black widow' serial killer
Prosecutors requested Tuesday the death penalty for a 70-year-old woman, dubbed
Japan's "black widow," charged with the murders of her husband and 2 common-law
partners and the attempted murder of an acquaintance between 2007 and 2013.
Describing Chisako Kakehi's alleged crimes as "heinous and serious incidents
that are rarely seen," the prosecutors said in their closing arguments at the
Kyoto District Court that the victims -- all elderly men -- inadvertently
drank cyanide given to them by a debt-ridden Kakehi who was endeavoring to
inherit their assets.
The court is scheduled to hand down a ruling on Nov 7, with the defense making
its closing statements on Wednesday.
Prosecutors said Kakehi is mentally competent and can be held responsible for
her crimes, which "were premeditated." Her "cognitive function has not
significantly deteriorated as shown in her psychiatric evaluation," and that
she had no mental disorders at the time of the crimes, they said.
Kakehi denied the charges and pleaded not guilty. Her defense argued that she
cannot be held responsible or stand trial due to her suffering dementia, citing
her incoherent statements which they said even led to her once admitting during
proceedings to committing murder.
According to prosecutors, Kakehi murdered her 75-year-old husband Isao as well
as common-law partners Masanori Honda, 71, and Minoru Hioki, 75, and tried to
kill her acquaintance Toshiaki Suehiro, 79, by having them drink cyanide
between 2007 and 2013.
In the trial held under Japan's lay judge system, which involves citizen
judges, the prosecutors had to use circumstantial evidence to argue Kakehi's
guilt amid a dearth of physical evidence.
Kakehi was first arrested in November 2014 and indicted the following month on
a charge of killing Isao, who died at the couple's home in Muko, Kyoto
Prefecture, in December 2013. They married the previous month. She was later
indicted in connection with the deaths of the 2 other men.
Kakehi, a native of Fukuoka Prefecture, married first at the age of 24 and
launched a fabric printing factory in Osaka Prefecture with her 1st husband.
But following his death in around 1994, the factory went bankrupt and her house
was put up for auction, forcing her to ask neighbors for a loan.
She later registered with a matchmaking service, specifically asking to meet
wealthy men with an annual income of more than 10 million yen.
She was romantically involved with or associated with more than 10 men,
enabling her to inherit an estimated 1 billion yen but later fell into debt
following her attempts to speculate in stocks and futures trading.
(source: japantoday.com)
SOUTH KOREA:
South Korean church pushes for abolition of death penalty----While no one has
been executed there since 1997, capital punishment remains in the codes of
criminal law
Catholic Church leaders in South Korea have asked the country's parliament to
legally abolish capital punishment as part of commemorations for World Day
Against the Death Penalty.
Such sentiments were put forward at an event attended by religious leaders,
rights activists and politicians at the National Assembly Oct. 10.
Co-organized by Korean bishops' Committee for Justice and Peace and lawmaker
Fidelis Lee Sang-min of the ruling Minjoo Party, the event commemorated the
World Day Against the Death Penalty and the 20 years of moratorium on death
penalty executions in South Korea.
Among those attending the event were Bishop Lazzaro You Heung-sik of Daejeon,
president of the CBCK committee.
"Today's event is a stepping stone for South Korea to make its journey from
moratorium of death sentence to its legal abolition," said Bishop You. "Only
when the value of human life is respected, the cruelty of humanity can be
cured," he said.
"Now it's time for the National Assembly to answer our calls by presenting a
bill to abolish it and passing it."
At the event, National Assembly speaker Chung Sye-kyun said: "Some say we
should maintain the capital punishment to counterpart the ever-ferocious crimes
in our society."
He said that the National Assembly will try its best to abolish it in the
process of constitution revision and bill deliberation.
South Korea has not carried out an execution since Dec. 30, 1997. South Korea
is considered a de facto abolitionist country, but it still has capital
punishment in codes of criminal law.
There are 61 people currently on death row in the country.
(source: ucanews.com)
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