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35. The Government submitted that in his constitutional complaint before the Constitutional Court, which had been an effective domestic remedy concerning the conditions of detention, the applicant had only complained of inappropriate medical care and lack of personal space in detention, as well as the alleged discrimi... | 5 |
113. The applicant complained under Article <mask> of the Convention that he had not been provided with adequate medical assistance while serving his sentence in correctional colony IK-4, Tula Region. He further complained under Article 13 of the Convention that no effective domestic remedy had been available to him i... | 5 |
46. The applicant complained that his forced transfer to Hungary would subject him to treatment contrary to Article <mask> of the Convention. Relying on Article 5, he further complained that he would be likely to be detained after his transfer to Hungary, which would subject him to inhuman and degrading treatment. The... | 5 |
30. The Government submitted that the applicant had failed to exhaust available domestic remedies in respect of her complaint under Article <mask> of the Convention. In particular, she could have lodged a civil court action seeking compensation for the alleged violation, similar to those brought successfully by the ap... | 5 |
24. The applicants complained under Article <mask> of the Convention that the length of the proceedings had caused them stress and that their reputation in society had been damaged by the case. They further complained under Article 14 of the Convention on the basis of the same facts. Finally, the applicants complained ... | 5 |
271. The Government argued that the applicant had had effective domestic remedies at his disposal in respect of the alleged violations of his rights, and that the Russian authorities had not prevented him from using those remedies. In particular, the applicant had been granted victim status in criminal cases nos. 2108... | 5 |
115. The applicant further argued that, in view of the reasons for the respondent Government's adoption in July 2006 of a moratorium on decisions on asylum requests and on expulsions of Libyan nationals, the boldness with which the respondent Government maintained their denial of the existence of a “real risk” under A... | 5 |
95. The applicant submitted that she had been subjected to an act of police brutality which had been completely unprovoked by her. The clubbing she received amounted to inhuman and degrading treatment under Article <mask> of the Convention. She further submitted that the domestic authorities failed to proceed with a p... | 5 |
110. The Government submitted that the second applicant had failed to exhaust available domestic remedies. According to them, he could have applied to the domestic courts with claims for compensation in respect of any nonpecuniary damage allegedly resulting from the conditions of his detention. The Government also co... | 5 |
41. The Government accepted the first medical assessment submitted by the applicant, prepared by a clinical psychologist (see paragraph 37 above), but argued that it did not prove that he had been subjected to treatment contrary to Article <mask> of the Convention. On the other hand, the Government contested the state... | 5 |
68. The applicants alleged a breached of Article <mask> of the Convention on account of their forced expulsion from their village. They had mentally suffered as a result of the actions of the members of security forces, who had burned their family houses. Under Article 8 of the Convention, they complained about the de... | 5 |
13. The applicant complained that the conditions of his detention in the remand section of Ljubljana prison amounted to a violation of Article <mask> of the Convention. In particular, he complained of severe overcrowding which had led to a lack of personal space, poor sanitary conditions and inadequate ventilation, as... | 5 |
110. The applicants complained under Article <mask> of the Convention that they had been subjected to ill-treatment and torture. They referred, in particular, to the methods of ill-treatment to which they had been subjected in Ingushetia and in Khankala, to the conditions of detention in Khankala and to the threats of... | 5 |
130. The applicant complained under Article <mask> of the Convention of inhuman and degrading treatment on account of the material conditions of detention and the lack of adequate medical care in the various prisons where he had been detained. In particular, he complained of severe overcrowding, insalubrious sanitary ... | 5 |
18. The applicant complained that the low amount of compensation awarded to him in the domestic civil proceedings had not provided him with proper redress for the violation of his right not to be subjected to treatment proscribed under Article <mask> of the Convention, and that he was therefore still a victim under th... | 5 |
67. The applicants relied on Article <mask> of the Convention, submitting that as a result of their son's abduction and killing and the State's failure to investigate it properly, they had endured mental suffering in breach of Article 3 of the Convention. They also stated that it was highly probable that Mr Anzor Samb... | 5 |
33. The applicant alleged under Article <mask> of the Convention that he had been subjected to torture while in police custody. He also complained about the length of the criminal proceedings against the police officers and the suspension of the pronouncement of the judgment, which in his view had resulted in impunity... | 5 |
37. The applicant complained under Article <mask> of the Convention that his appointment to a lower post and the imposition of sanctions constituted degrading treatment. He further complained under Articles 6 § 1 and 13 of the impossibility to institute a criminal case against the command of his military unit. Relying... | 5 |
31. The Government conceded that from 7 August 2003 to 3 December 2004 the floor space available to each detainee in the applicant’s cell had been below the sanitary requirement of four square metres and that that situation had been in breach of Article <mask> of the Convention. The Court observes that the Government ... | 5 |
72. The Government further took the view that the applicant's continued preventive detention on the basis of a judgment delivered in 1985 had not violated Article <mask> of the Convention. The applicant's preventive detention for an indefinite duration did not amount to an irreducible life sentence because the courts ... | 5 |
23. The applicant complained that conditions of her detention in remand prison IZ-52/1 between 23 August and 20 December 2007 had been in breach of the requirements of Article <mask> of the Convention. She further invoked under Article 34 of the Convention alleging hindrance with her right to individual petition on ac... | 5 |
35. The Government pointed out that the procedural obligation imposed on the States with regard to Article <mask> of the Convention was an obligation of means and not of result. In their submission, the investigative procedures brought before the two investigating judges were sufficient to consider that the Spanish St... | 5 |
37. The Government have not sought to invoke convincing security reasons requiring the applicants’ isolation. Likewise, they have not said why it was not possible to revise their situation so as to permit adequate possibilities for human contact and meaningful activities outside the cell. While they stated that the ap... | 5 |
91. The applicant complained that his inability to receive conjugal visits from his wife during his pre-trial detention had caused him intolerable mental and physical suffering and had threatened to break up his family. He was also displeased that his entitlement in that respect had been more restricted than that of a... | 5 |
33. The Government argued, firstly, that the applicant had failed to exhaust domestic remedies in respect of his complaint as he could have applied to a court for compensation of damages caused by allegedly poor conditions of detention. The procedure for making claims was established in Chapter 25 of the Russian Code ... | 5 |
34. The applicant contested the Government’s submissions. He submitted that even if the physical injuries inflicted on him were not very severe, the assessment of the severity threshold required under Article <mask> of the Convention should take account of the racist motive for the violent acts and the possible effect... | 5 |
88. The Government disagreed with their allegations and argued that the investigation had not established that the applicants had been subjected to inhuman or degrading treatment prohibited by Article <mask> of the Convention. They further contended that the first applicant's allegations had been unsubstantiated becau... | 5 |
60. The applicant’s allegation, as set out in his complaint to the prosecuting authorities, that the police had subjected him to treatment contrary to Article <mask> of the Convention in the course of his arrest was arguable. It was made shortly after the events and was supported by medical evidence, which showed exte... | 5 |
73. The applicant reiterated his complaint in respect of the Pazardzhik Regional Investigation Service and contended that the conditions of detention in which he had been held were inadequate and amounted to inhuman and degrading treatment under Article <mask> of the Convention. He did not sustain or substantiate any ... | 5 |
104. The applicant complained, under Article <mask> of the Convention (cited in paragraph 76 above), of inhuman and degrading conditions of detention in a severely overcrowded cell at the Mozhaiskiy District police station of Moscow between 30 July and 6 August 2013. He alleged, in particular, that the cell in which h... | 5 |
130. The Government claimed that the applicant had failed to lodge his complaints under Article <mask> of the Convention within six months from the date of the final decision within the meaning of Article 35 § 1 of the Convention. More precisely, the applicant was entitled under Article 290 of the CCP (see paragraph 1... | 5 |
74. The applicant complained of inadequate conditions of detention in Bjelovar Prison. He alleged that he had been allocated less than 3 sq. m of personal space for several non-consecutive periods amounting in total to fifty days, and that there had also been several non-consecutive periods in which he was allocated b... | 5 |
101. The Government drew attention to the minimum threshold bringing Article <mask> of the Convention into play, which in their view had not been reached, and to the limited extent of the State’s positive obligations under that Article. They pointed out that there had been no intention to deny the applicants access to... | 5 |
100. The Government argued, first of all, that the third applicant’s submissions as to the origin of his injuries had been inconsistent: having alleged on 13 March 1999 at the trauma unit that he had fallen down a fire escape, he later reported on 19 March 1999 he that he had been beaten up by the police officers. Bes... | 5 |
28. The applicant complained under Article <mask> of the Convention that she had been subjected by the police officers to degrading and humiliating treatment. In particular, she complained that she had been thrown to the muddy ground and then handcuffed and taken straight to the police station. She had been placed in a... | 5 |
34. The applicant complained, relying on numerous articles of the Convention, that he was beaten by the police officers when he was detained on 19 December 1996 and that there was a lack of an effective investigation by the authorities relating to the aforementioned. The Court finds that, considering the specific circ... | 5 |
36. The applicant complained that the delays in the criminal proceedings against the individuals who raped her or participated were at variance with the respondent State’s obligation to provide an effective system of prosecution of the criminal offences committed against her, as required by Article <mask> of the Conve... | 5 |
42. The applicants further maintained that on 16 May 1998 they had been beaten by the police. They pointed out that the Government had acknowledged that the incident in question had taken place, and had failed to contest the applicants’ arguments that the perpetrators had been police officers. The applicants insisted ... | 5 |
81. The applicant also complained of an infringement of Article <mask> of the Convention, since the unreasonably long investigation, which had not produced any result, had caused her moral and physical suffering. She alleged that the further lack of investigation had made her despair of any effective outcome of the in... | 5 |
81. The Government posited that as regards the applicant’s complaint that he had no prospect of release and that the pardon option was inadequate and ineffective, the applicant could no longer be considered a “victim” of a violation of Article <mask> of the Convention, within the meaning of Article 34, since he had be... | 5 |
162. The applicants complained that Muslim Nenkayev had been subjected to treatment in violation of Article <mask> of the Convention and that the authorities had failed to investigate the ill-treatment. They further complained that the anguish and distress suffered by them as a result of their relative’s disappearance... | 5 |
99. The Government stressed that the general situation in the prison complained of by the applicant, namely space, sanitation, catering and health-care conditions, was compatible with the requirements of Article <mask> of the Convention. As regards the applicant’s complaint about the lack of recreational activities, t... | 5 |
33. The applicant complained that the State had failed to discharge their positive obligation under Article <mask> of the Convention to protect her from domestic violence and to prevent the reoccurrence of such violence. She was a particularly vulnerable person given that, at the age of 72, twenty-two years after divo... | 5 |
190. The applicant complained that in remand prison SIZO 77/1 in Moscow he had regularly been beaten by his cellmates and threatened with murder, allegedly with the consent or even under the instructions of the prison and investigative authorities, who had tried to force him into self-incrimination. The Court shall ex... | 5 |
71. The Government merely submitted that the conditions of the applicant’s detention had complied with the guarantees of Article <mask> of the Convention. He had an individual sleeping place and bedding and received food which corresponded to sanitary norms. Relying on medical records and reports, they further argued ... | 5 |
77. The Government denied that the applicants had been subjected to ill-treatment within the meaning of Article <mask> of the Convention. In the Government’s opinion the applicants and other inmates had caused a riot, opened fire at the soldiers, set fire to their dormitories and corridors and attacked the soldiers by... | 5 |
61. The applicant submitted that, for the reasons set out above, the situation in his case was completely different from that in the case of H. v. Iceland, cited above. He reiterated that in the present case the reopening of the criminal proceedings based on sections 655 to 657 of the Criminal Procedure Law was not to... | 5 |
39. The applicant complained about the material conditions of his detention, including the lack of separation between smokers and non‑smokers, in the Bacău Police Department’s detention facility and Bacău Prison. He alleged, in particular, that the detention facility had been overcrowded, squalid and unhygienic; the s... | 5 |
26. The Government contested the applicant's allegations. In particular, they submitted that the physical findings noted in the medical reports did not attain a sufficient level of severity to fall within the scope of Article <mask> of the Convention. In addition, the Government maintained that an effective investigat... | 5 |
22. The applicants complained under Article <mask> of the Convention that they had been subjected to torture whilst in police custody. Relying on Articles 6 and 13, they further alleged that the criminal and administrative responsibilities of the accused police officers had not been established as the criminal proceed... | 5 |
112. The applicants relied on Article <mask> of the Convention, alleging that following their abduction Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had been subjected to inhuman or degrading treatment. The applicants further complained that as a result of their relatives' disappearance and the State's failure to inves... | 5 |
22. The Government did not contest the fact that the injuries on the applicant's body had been caused by the police. However, they stressed that the arresting police officers' actions had been justified in the circumstances because the applicant had used a firearm and resisted arrest. In the Government's opinion, the ... | 5 |
40. The applicant complained under Article <mask> of the Convention that he had been handcuffed whilst being taken from official buildings to court during his pre-trial detention. The press had been present and had immediately started to ask him questions about his detention. He considered that this treatment had been... | 5 |
43. The Government submitted that the applicant had made use of his general right of complaint under section 36(1) g) of Law-Decree no. 11 of 1979 (see paragraph 14 above) which entitled him to request the review of the reasons for his security classification by a body independent of the penitentiary service and autho... | 5 |
91. The Government submitted that the complaint under Article 2 was incompatible ratione materiae with the provisions of the Convention, because that Article could not be construed as requiring the State to allow access to unauthorised medicinal products. The same was true for the complaint under Article <mask> of the... | 5 |
93. The applicants relied on Article <mask> of the Convention, alleging that upon their abduction Abubakar and Salman Bantayev were subjected to inhuman or degrading treatment. The applicants further complained that as a result of their relatives’ disappearance and the State’s failure to investigate it properly, they ... | 5 |
55. The Government asserted that in her original application of 22 May 2006, the applicant had only complained of a violation of her right to trial within a reasonable time in the criminal proceedings. She had only raised the complaint under Article <mask> of the Convention in her submissions made on 23 June 2009, in ... | 5 |
25. The applicant, relying on Articles 3 and 8 of the Convention, complained that the conditions of his detention were inadequate and that his state of health was incompatible with incarceration. The Court, being master of the characterisation to be given in law to the facts of the case (see Bouyid v. Belgium [GC], no... | 5 |
59. The Government asserted that the conditions of the applicant's detention in facility IZ-61/1 of Rostov-on-Don, and the conditions of her transport to and confinement at the courthouse, had complied with both the requirements of domestic law and Article <mask> of the Convention. The Government were unable to provid... | 5 |
114. The Government referred to the Court’s case-law concerning Article <mask> of the Convention and its application to detainees. In similar cases (in particular, Keenan, cited above, and Aerts, cited above), the Court had held that the assessment of whether the treatment or punishment concerned was incompatible with... | 5 |
82. The Government further submitted that that the applicant’s continued detention was not contrary to Article <mask> of the Convention. They pointed out that in order for a punishment to be degrading and in breach of Article 3, the humiliation or debasement involved had to attain a particular level and in any event h... | 5 |
45. The applicants complained under Article <mask> of the Convention that the first applicant’s life had been put at risk and that he had been ill-treated by police officers, who had beaten him with truncheons, had punched and kicked in the face, head, stomach and back. They further complained under this Article that ... | 5 |
82. The Government argued that the conditions in the detention centres where the applicant had been detained during the period under consideration could not be considered to amount to “inhuman or degrading treatment” within the meaning of Article <mask> of the Convention. They pointed out that the sanitary conditions ... | 5 |
93. The Government submitted that the allegation of politically motivated persecution of the applicant had been assessed by the Russian courts when examining his appeals against the extradition order, and rejected as unfounded. The Russian courts had relied on the statement from the Prosecutor General's Office of Uzbe... | 5 |
107. The Government argued that the applicant had failed to exhaust an effective remedy that had been open for him to complain about the alleged violations of his rights under Article <mask> of the Convention, at least in so far as he complained of a lack of bedding and food and insufficient light and ventilation. The... | 5 |
60. The applicant complained under Article <mask> of the Convention that he had been ill-treated by police officers after the arrest and that there had been no effective investigation in that respect. He further complained that the courts convicted him relying on the self-incriminatory statements obtained from him by ... | 5 |
169. The applicant complained under Article <mask> of the Convention that he had been ill-treated in police custody upon his arrest; under Article 6 that he had not been informed of the charges against him and had not been presumed innocent in that he was held in custody merely on the ground of the seriousness of the ... | 5 |
49. The applicant complained that he required specialised medical care and direct and constant assistance from another person in his daily activities, which had not been provided to him during his detention in Poznań Remand Centre. Considering his particular health condition, namely severe epilepsy and other neurologi... | 5 |
35. The applicants complained that they all suffered from mental health problems and that deportation of the first, second and fourth applicants to Kosovo or Serbia would amount to treatment in violation of Article <mask> of the Convention both in respect of the third applicant’s health, since to separate him from the... | 5 |
47. The Government submitted that the police had dispatched officers to ensure the safety of the participants in the Sofia Gay Pride parade, in view in particular of the threats made against them. The group of fifty to seventy persons intercepted by the police behind the National Palace of Culture had been armed with ... | 5 |
84. The applicant maintained her complaint, stating that she was Mr Khanpasha Dzhabrailov’s mother, had witnessed him being abducted and had actively searched for him. She argued that the way the domestic authorities had treated her applications had amounted to treatment in breach of Article <mask> of the Convention, ... | 5 |
51. The applicant also complained under Article <mask> of the Convention of his ill-treatment by unspecified police officers with the aim of extracting a confession from him and that the conditions of his detention in the ITT had been inhuman. Relying on Article 5 § 1 (c) of the Convention, the applicant complained th... | 5 |
50. The Government submitted that a special prison van, in which the applicant had been transported on 11 December 2002, was designed for twenty-four people. They annexed a certificate issued by the Board for Security of Suspects and Accused, according to which the conditions of the applicant’s transportation had been ... | 5 |
43. The applicant complained that on 22 June 2001 he had been subjected to treatment incompatible with Article <mask> of the Convention and that the authorities had not carried out an effective investigation of that incident, which amounted to a breach of Article 13 of the Convention. The Court will examine this compl... | 5 |
41. The Government argued that the fact that the applicant’s flat had been sold did not constitute such a substantial change in her circumstances that it was unreasonable to expect the applicant to continue to live in her home country. Nor did the continuous, gradual weakening of health of a relative due to ageing con... | 5 |
93. The applicants complained under Article <mask> of the Convention that Cemal Sevli, Reşit Sevli, Aşur Seçkin, Salih Şengül, Yusuf Çelik, Naci Şengül and Kemal İzci had been beaten by members of the security forces before being arrested. Zübeyda Uysal and Emine Çelik also complained under Articles 2 and 3 of the Con... | 5 |
87. The applicant had informed the Russian authorities that he had feared persecution because of his alleged involvement in Hizb ut-Tahrir's activities. In particular, on 22 August 2008 he had informed the Moscow City Court that in 2001 he had been told that upon his return to Tajikistan he would be arrested. The appl... | 5 |
41. The applicant claimed that the treatment which he had been subjected to by the police officers in the form of punches, slaps, kicks, electric shocks to his genitals and verbal insults had attained the minimum level of severity and had amounted to ill-treatment within the meaning of Article <mask> of the Convention... | 5 |
95. The Government argued that the applicant had failed to exhaust the domestic remedies available to him under Article 125 of the Russian Code of Criminal Procedure. They stressed that he had not appealed against the decision of 17 June 2002 to the competent domestic court. In the alternative, the Government submitte... | 5 |
75. The Government alleged that the applicant had not made an arguable claim concerning the incompatibility of the conditions of his detention with Article <mask> of the Convention. His complaints under Article 13 were therefore likewise unsubstantiated. They noted, in particular, that, as regards the conditions of de... | 5 |
57. The Government did not dispute that the injuries sustained by the applicant reached the minimum threshold required under Article <mask> of the Convention. However, they considered that no responsibility could be attributed to the State, given the fact that the prison governor, as established in the course of the c... | 5 |
162. The applicants complained of a violation of the positive and negative obligations in Article <mask> of the Convention given the impact on them of the restrictions on abortion and of travelling abroad for an abortion. They maintained that the criminalisation of abortion was discriminatory (crude stereotyping and p... | 5 |
109. The applicant complained that, contrary to Article <mask> of the Convention, the care and conditions of his detention from 7 January 2001 to 28 February 2001, from 1 September 2003 to 26 May 2004 and from 2 September 2005 to 18 June 2008 had been incompatible with his special needs, in view of his paraplegia. Tha... | 5 |
45. The applicant submitted a number of complaints under Article <mask> of the Convention. First of all, he argued that he had not received adequate medical assistance while in detention. He also complained of the conditions of his transfer to and from the court-house and the conditions of detention in the convoy room... | 5 |
57. The applicant was assigned to Unit 6. The precise number of prisoners in the unit is a matter of dispute between the parties. While the recent certificates obtained from the facility director and the original documents gave the maximum number as eighty-six persons, the applicant maintained that the unit population... | 5 |
106. The Government submitted that there was an inevitable element of suffering inflicted on the applicant inherent to the imprisonment and that he had not been subjected to any premeditated form of ill-treatment that fell foul of the standards required by Article <mask> of the Convention. The conditions of the applic... | 5 |
91. The Government explained the overcrowding in the cells by the fact that at that time the courts of Sevastopol had been considering an extensive number of criminal cases and all persons detained in the ITT had been taking part in their respective criminal proceedings in the courts. The Government further noted that... | 5 |
35. The applicant also complained under Article <mask> of the Convention about being ill-treated by the police and under Article 5 of the Convention about his unlawful arrest. Referring to Article 6 of the Convention the applicant further complained about unfair trial, in particular, that he did not have a lawyer betw... | 5 |
16. The applicant complained that he had been subjected to ill-treatment by the police officers and substantiated his complaint with medical documents attesting to abrasions on his forehead. The applicant’s claim was therefore shown to be “arguable” and the domestic authorities were under an obligation to conduct an e... | 5 |
80. The Government submitted that the burden of proof in cases of treatment or punishment allegedly incompatible with Article <mask> of the Convention rested on the applicant; however, in the present case the applicant had failed to provide sufficient substantiation of his allegations. Upon his arrival at the SIZO in ... | 5 |
23. The Government contested the applicant's argument. They stated that his allegations of ill-treatment had been thoroughly examined. It had been established, however, that the police officers had not subjected the applicant to torture or inhuman or degrading treatment. Accordingly, there had been no violation of the... | 5 |
95. The applicants complained of a violation of Article <mask> of the Convention on account of the mental suffering caused to them by the disappearance of their relatives. All of the applicants complained of a violation of Article 5 of the Convention on account of the unlawfulness of their relatives’ detention. The ap... | 5 |
55. The applicant complained of a failure by the domestic authorities to carry out an effective investigation into his allegations of ill-treatment, contrary to the requirements of Article <mask> of the Convention. His complaint was not immediately forwarded to the prosecutor’s office and no medical examination was ca... | 5 |
57. The applicant complained that while in the custody of the police he was subjected to ill-treatment amounting to torture within the meaning of Article <mask> of the Convention. Under the same Article he also alleged that he had been ill-treated in the course of his transfer to prison. Invoking Article 13 of the Con... | 5 |
58. The Government considered that the mere fact of detention in one cell of a number of inmates exceeding the designed capacity of that cell was not in itself a ground for finding a violation of the applicant's rights under Article <mask> of the Convention, since other aspects of his detention had been in compliance ... | 5 |
171. The Government argued that the measures used in respect of the applicant had been therapeutic and necessary. Turning to the events of 25 January 2005, they submitted that the social workers had decided on their own to tie down the applicant as they had been afraid for her life. Although the exact length of time t... | 5 |
83. The applicants in five recent cases against France – R.M. and Others v. France (no. 33201/11, 12 July 2016), A.B. and Others v. France (no. 11593/12, 12 July 2016), A.M. and Others v. France (no. 24587/12, 12 July 2016), R.K. and Others v. France (no. 68264/14, 12 July 2016) and R.C. and V.C. v. France (no. 76491/... | 5 |
73. The applicant complained that her detention for approximately twenty hours in a cell for administrative detainees at the District Department of the Interior’s premises on 8 and 9 December 2001 was incompatible with Article <mask> of the Convention in that she had been injured and had slept on the floor and had not... | 5 |
39. The Government further argued that they themselves had responded to the three questions put by the Court in its decision of 16 October 2014. The Court notes in this connection that in view of the vital role played by interim measures in the Convention system, they must be strictly complied with by the State concer... | 5 |
49. The Government submitted that the handcuffing had been aimed at protecting the applicant, in particular from any further attempt at self-mutilation. The handcuffing had been connected with a lawful arrest and detention and thus as such did not run counter to the requirements of Article <mask> of the Convention, in... | 5 |
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