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Empowering Communities for Justice, Equality and Human Rights

TLAP Newsletter
Tamil Legal Advocacy Project Month: October 2009 Volume 1, Issue 2

Special Interest
Articles:

• “Sri Lanka Visit Page 4


Detention
Camps”.
US War Crimes Report on Sri Lanka
• “War Crimes
and Need for Details Extensive Abuses
Inquiry”. The Office of War Crimes director at Human Rights
• “TLAP
Issues of the State Watch. "Given Sri Lanka's Our Thanks
Department prepared the complete failure to
Conference TLAP has received messages 
report on possible war investigate possible war
Excerpts”.
crimes committed during crimes, the only hope for of appreciation and positive 
• “Colonization the final months. The justice is an independent, responses on our Monthly 
and Land report details alleged international Newsletter project from 
grabbing”. incidents of possible war investigation." "Concerned various individuals & 
crimes by both parties. governments should use organisations. We also 
"The US State the US State Department received suggestions to 
Department report should report as a clarion call for improve this project. Thank 
dispel any doubts that an international you very much. This 
serious abuses were investigation," said
Newsletter is sent to 
committed during the Adams. "There are no
individuals& organisations 
conflict's final months," more excuses for
said Brad Adams, Asia inaction." who we believe can make a 
difference.  We look forward 
Source: Human Rights Watch
For Full Report: http://www.hrw.org/en/news/2009/10/22/sri-lanka-us- to your continuous support 
war-crimes-report-details-extensive-abuses to promote our noble vision. 

Highlights:
“ Detaining IDPs violates UN treaty”
IDP Camps 2
- Top European Union Official
A top European Union IDPs is disproportionate the Commission on
Against Law 3 official has expressed and conflicts with key Human Rights under the
Conference 4 concern over the failure of provisions of the ICCPR UN Charter in 2006) with
the government to permit (International Covenant on permanent standing, to
War Crimes 5 freedom of movement to Civil and Political Rights). consider periodic reports
Colonization 6 the more than 200,000 ICCPR is a United Nations submitted by member
internally displaced treaty based on the States on their compliance
War Witness 7 persons (IDPs) housed at Universal Declaration of with the treaty.
welfare camps in the Human Rights, created on Ms Lambert further notes
Editorial 7
North saying the failure to December 16, 1966 and with alarm the
About TLAP 8 do so is not in line with a came into force on March Commission statement at
United Nations treaty. 23, 1976. this very meeting that "we
Ms. Jean Lambert, have seen nothing to allay
President of the European The ICCPR is monitored our concerns about the
Parliament (EP) by the Human Rights widespread climate of
delegation for relations Committee (a separate impunity which at present
with South Asia said that body to the Human Rights seems to prevail in Sri
the protracted detention of Council which replaced Lanka"
Source: Daily Mirror Interview
For Full Report: http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=64001
TLAP Newsletter Page 2 of 8
“Detention Camps” – Another humanitarian catastrophe Unfolding
Tamil detainees in Sri Lanka: “Almost living in hell”
The Sri Lankan are nothing but giant We were without food for
government has prisons fenced with razor several days. When asked
underscored its wire and guarded by for water, we were
determination to keep armed soldiers. scolded in filthy language.
280,000 Tamil civilians in The conditions inside the “Finally, packed like
internment camps camp are terrible. One animals, we were brought
indefinitely, in blatant recently released old man here. Initially food parcels
violation of their basic from the Manik camp told were thrown from
democratic rights. It has us: “Life inside the camp vehicles. Whoever got
been obvious from the is almost like living in hell. them ate, and others had
Source: Guardian, UK start that these so-called We faced a lot of to starve. Several elderly
displaced persons’ camps problems after we left the people with me died of
LTTE-controlled areas. starvation during the early
“People are suffering days.”
with infectious Source: World Socialist News
For Full Report: http://www.wsws.org/articles/2009/sep2009/slcm-s25.shtml
diseases and some
have died. The
Monsoon floods threaten displaced Tamils, says British minister
government is trying A quarter of a million visiting refugees. "We will community supported the
displaced Tamils are in not be prepared to fund government because
to kill with disease the these were meant to be
dire humanitarian need of closed camps after the
people who escaped being allowed out of monsoons." temporary. We do not,
their guns, and claim internment camps which "These are closed camps, however, want these
it is just a natural face flash floods in Sri in the sense there's no people taken to another
Lanka's monsoons, a freedom of movement. closed camp, we want
disaster” - WSWS
British minister said after The international them to go home."

Source: The Guardian, UK


For Full Report: http://www.guardian.co.uk/world/2009/oct/06/monsoon-floods-threaten-tamils

Transferring IDPs, instead of releasing them, must stop: Bishop


If IDP persons said to be Colombo Rev. de Chickera. “the lack of co-ordination
released from the The Bishop has urged the amongst State Authorities
internment camps in government to allow media are disappointing, and all
Vavuniyaa are in fact being access to areas in the North those responsible for
transferred to camps in and provide public updates implementing this
different regions, this is on the work regarding decision should be
misleading and must stop, resettlement of displaced required to ensure co-
Source: Guardian, UK says the Anglican Bishop of persons. ordination, compassion
The statement also says and speed.”
“The imminent Source: Tamilnet
monsoon will create For Full Report: http://www.tamilnet.com/art.html?catid=13&artid=30309
life threatening
conditions in these ‘Tamils shot by army after attempting to ‘escape’ from camp
camps, and risks Sri Lankan troops opened soldiers with stones as
civilians in the camps. It
causing a fire on dozens of Tamil they tried to break free
highlights the
humanitarian civilians as they allegedly from the Manik Farm
controversial status of
catastrophe - Bianca tried to escape from camp in the northern
the camps, which the
Jagger, prominent internment camps where district of Vavuniya on
Government calls
human rights they and 280,000 others Saturday.
“welfare villages”, and
advocate have been held since The incident is the first of
appears to violate a
May. The army said that many undisputed
pledge by the army not
the civilians had pelted examples of the Sri
to shoot if prisoners tried
Lankan Army firing on
to escape.
Source: The Times, UK
For Full Report: http://www.timesonline.co.uk/tol/news/world/asia/article6851567.ece
Page 3 of 8 TLAP Newsletter
“Sri Lanka IDP Camps – Violation of International Laws” - Rights Bodies
“Intervene forcefully with the Sri Lankan government” –
Human Rights Watch protection mechanisms in serious health problems
urged the World Leaders the camps and the secret, during the coming
to call on the Sri Lankan incommunicado detention monsoon season. Human
government to – and possible enforced Rights Watch also said
immediately release more disappearance – of that the authorities are not
than 260,000 displaced suspected combatants. being open and honest
persons illegally confined Poor conditions, with camp residents about
in detention camps. HRW overcrowding, and when they may go home,
said it was concerned inadequate medical care keeping them in a state of
about the lack of increases the risk of uncertainty and anxiety.
Source: Human Rights Watch
For Full Report: http://www.hrw.org/en/news/2009/09/22/sri-lanka-world-leaders-should-demand-end-
detention-camps

“Detainees are being held incommunicado” – Amnesty


“The danger of serious procedures and Amnesty has confirmed
human rights violations, safeguards”, said Sam the location of at least 10
including torture, enforced Zarifi, Amnesty such facilities in school Source: Local sources
disappearances and International’s Asia buildings and hostels
extrajudicial killings Director. Many of these originally designated as
increases substantially detainees are being held displacement camps in the “People living in these
when detainees are held in incommunicado, meaning north. There have also
camps are desperate
locations that are not they have not had access been frequent reports of
officially acknowledged to family members or legal other unofficial places of to leave. The provision
places of detention and counsel and have not detention elsewhere in the of protection,
lack proper legal appeared in court. country. assistance and return
is not an act of charity
Source: Amnesty International
For Full Report: http://www.amnesty.org/en/news-and-updates/news/sri-lankan-army-clashes-detainees- but a basic right - AI
20090924

UN ratchets up criticism of Sri Lankan camps


Walter Kaelin, a island complied with its if Sri Lanka is to respect
representative of the international obligations. the rights of its citizens
United Nations secretary- "Immediate and and comply with its
general, said that civilians substantial progress in commitments and
held in tightly-guarded restoring freedom of obligations under
camps should be granted movement for the international law," he said
freedom to ensure that the displaced is an imperative in a statement received
here.
Source: AFP News “Immediate and
For Full Report:
http://news.yahoo.com/s/afp/20090929/wl_sthasia_afp/srilankaununrestrights_20090929202750
substantial progress in
restoring freedom of
Camps violate both national and international law - ICG movement for the
Conditions in the camps conditions are expected to the Red Cross (ICRC) [1], displaced is an
are poor and deteriorating. worsen dramatically with from undertaking effective imperative to comply
They are overcrowded, the onset of the monsoon monitoring and protection
with medical facilities, season. The military is with its commitments
in the camps. Such
access to clean water and preventing humanitarian restrictions on freedom in and obligations under
sanitation all woefully organisations, including the absence of due international law” – Mr.
inadequate. These the UN and the process are a violation of Kaelin, UN Top Official
International Committee of both national and
Source: International Crisis Group international law.
For Full Report: http://www.crisisgroup.org/home/index.cfm?id=6335&l=1
TLAP Newsletter Page 4 of 8
TLAP Conference Series Kicked Off
Excerpts from the Conference on “Sri Lanka: Accountability for Violations of Human
Rights / Humanitarian Law and Peace building” held in London on 29th Sept 2009
IDP Camps in Sri Lanka - Dr. Yolanda Foster, Amnesty International
• By the end of May an additional, 300,000 displaced people have fled the fighting and are now
detained in over forty camps. As a consequence of this detention they are now denied very basic
Mr. Matt Foot, Human Rights rights of liberty and freedom of movement. The key issue is that the displaced people are not
Lawyer, Peirce & Partners permitted to leave, they are in fact detained without charge or trial and this is a violation of Sri
Lanka’s obligation under international Law which prohibits arbitrary detention.
• People that I have spoken to, relatives of the displaced, describe how the people queue for
hours just to get bottles of water and how ad hoc the nature of food distribution is in the camps.
• In short, Sri Lanka’s camps of the displaced have become places of mass arbitrary detention
and this must cease immediately.
• Amnesty received credible and consistent reports that both the Tigers and the Sri Lankan
Government committed violations of international humanitarian law in the course of the conflict.

Mr. Matthew Ryder, Barrister,


Press Freedom in Sri Lanka – Mr. Thomas Hughes, IMS
Matrix Chambers • The types of attacks that journalists faced in general range from everything from threatening
phone calls to being pursued around various locations by white vans, having their family
members threatened and also to direct intimidation or even suggestions from authorities on what
should be written, when and how.
• Sources said, Sri Lankan President himself was advising journalists on what he might cover in
his newspaper the following week. The government certainly hasn’t fallen short of directly naming
individual journalists as traitors
• Areas where the media has been most under threat and continuously under threat are in the
North and East. The Tamil media are the most under attack and often very, very blatantly, and
often without any consideration of any sort of press freedom concerns at all.
Dr. Yolanda Foster, Amnesty • I think this reflects on the quote from Lasantha himself, is that too late did the Sinhala
International language media and the English language media really wake up to the fact that the threats
against the Tamil language media were multiplying and spreading to them.
Rule of Law and the Independence of the Legal Profession in Sri Lanka
– Ms. Michelle Butler, Matrix Chamber / Delegate of IBAHRI
• IBAHRI delegation to Sri Lanka found that there was an escalating climate of fear among most
members of the legal profession in Sri Lanka. These are not isolated events, sadly they are
merely part of a wider pattern of intimidation which is expressed routinely amongst all strata of
the civil society
Mr. Thomas Hughes, Deputy • Attacks have originated from very different spheres, a range of them have come from the
Director, International Media
Support
police, from the Ministry of Defense and from unknown groups of individuals who have been
colloquially referred to as death squads. In terms of the police, usually the lawyers are
threatened when they are visiting a police station.
• Even more alarming is the fact that some of this climate of intimidation is originating from the
Ministry of Defense
• The judiciary has to date been allowing this cultural impunity to continue and to thrive and this
issue has been exacerbated by the former chief Justice, Sarath de Silva who left office in June
2009. Since June 2009, a new Chief Justice has been appointed and there is a lot of hope that
this Chief Justice will not follow in the footsteps of his predecessor.
Ms. Michelle Butler, Barrister,
Matrix Chamber Seeking Justice for Victims of Human Rights and Humanitarian Law
Violations – Dr, Lutz Oette, Lecturer, SOAS
• At the avenues that are available at an international level as an alternative to the domestic
system that fails to provide any good measure of justice
• There is a measure of disenchantment on the parts of lawyers with the lack of effectiveness of the
U.N. Human Rights Committee. A lot of the lawyers also face a difficulty at the lack of witness
protection which makes it very difficult to pursue cases closely. I still think that the U.N. Human
Rights Committee can provide for a very valuable record of violations that can hold the state
responsible.
Dr. Lutz Oette,Lecturer,SOAS • There is something called civil universal jurisdiction which means that you may be able to sue
individual perpetrators for damages in the UK courts.
• Recently, the approach has changed to target more mid-ranking officials where there is key
evidence and where it has been implicated in serious Human Rights violations.
• If you can expose these violations in a UK court or in another country, it would be a huge success
in its own right.
• Justice and accountability are very important pre-requisite for reconciliation and peace.

To listen the conference speeches, visit


http://www.youtube.com/tlapmedia
Page 5 of 8 TLAP Newsletter
International calls for “Independent International Inquiry”
UN human rights chief criticizes Sri Lankan government
The UN High with the Secretary General serious acts of killings that
Commissioner for Human to hold the President of Sri occurred of NGO and
Rights, Navi Pillay, on Oct Lanka to his promise humanitarian workers and
14 criticized the Sri which he made to the these investigations were
Lankan government for not Secretary General that he dropped." “They do not
responding “to our many will look into the issue of have a very good record in
requests for an accountability and so we holding serious
international investigation want to know what kind of investigations. Now, I am
of what we say are mechanism is he setting engaged in discussions
widespread acts of killing up." with the Secretary General
of civilians." She said that over what kind of “They (Sri Lanka) do
The UN human rights chief
“such a request has also mechanism would be not have a very good
said, “we have pointed out
been made by the (UN) acceptable. But as I said record in holding
that they have in the past
Secretary General and we the bottom-line is that the serious
attempted to hold national
are working very closely government is resisting
investigations for very investigations” - UN
these suggestions,".
Source: The Examiner High Commissioner
For Full Report: http://www.examiner.com/x-16024-Europe-Policy-Examiner~y2009m10d15-UN-human- for Human Rights
rights-chief-criticizes-Sri-Lankan-government

Forensic analysis confirms Execution-Video Authentic, says US-group


A notarized report of the without any evidence of evidence of tampering or
preliminary findings from a start/stops, insertions, editing was discovered
US-based forensic deletions, over recordings, with either the video or
company that took nearly editing or tampering of any the audio portions of the
three weeks to analyze the kind." US pressure group, video. Earlier Philip Alston,
Channel-4 broadcast video Tamils Against Genocide the UN Special Rapporteur
allegedly showing Sri (TAG) which sponsored on extra-judicial, summary
Lanka Army (SLA) soldiers the study, placed an or arbitrary executions,
extra-judicially executing embargo on revealing the dismissed Sri Lanka's
Source: JDS
Tamil captives stripped details of the forensic investigations as not
naked and hands tied company, until the final independent. He said, "the
behind their back, said report is complete in early only way to do this
"the video and audio of the November. Key findings [authenticate the video] is
events depicted in the listed in the preliminary for an independent and
Video, were continuous report say that no impartial investigation to
take place".
Source: Tamilnet Quoting the forensic report
For Full Report: http://www.tamilnet.com/art.html?catid=13&artid=30466

Source: US State dept


US should pressure “international independent investigation” – HRW expert
The Sri Lankan doctors, activists and genuinely rethinking its
“Because of the
government has kept out journalists. It has even policies. The United States
both international and local deported outspoken UN has a particularly fighting and shelling
media as well as human officials. [Now] Sri Lanka's important role to play on we moved into the no-
rights organizations and nervousness about its the issue of accountability. fire zone. But we got
has made sure that international standing has It should use its influence shelled there”.
witnesses to its abuses not yet triggered any at the UN to help launch “Wherever we dug
are securely locked up in significant improvement on an international
bunkers, there was
camps and has harassed human rights matters, and independent investigation
and persecuted those who there is no indication that into violations of the smell of dead
dared to speak out — the government is humanitarian law. bodies." – BBC
Quoting Witnesses
Source: Anna Neistat, Human Rights Watch in Foreign Policy in Focus
For Full Report: http://www.fpif.org/fpiftxt/6504
TLAP Newsletter Page 6 of 8

Colonization and Land Grabbing in Tamil Areas


Colombo has plans to colonize North with Buddhist Sinhalese
“The government of Sri persons from foreign in the Vanni. This is part
Lanka is actively engaged countries to see the mass of a major plan to colonize
in colonizing the Kilinochi, graves of civilians killed by sizable areas in the North
Mullaithivu and Jaffna its armed forces in the with the motive of altering
districts with Sinhalese Vanni during the war. In the ethnic demography.
Buddhists” stated Suresh Kilinochi, a large Sri “Many small Buddhist
Premachandran, Tamil Lanka Army (SLA) camp Viharas are being erected
National Alliance (TNA) has been constructed in a along A9 road in the Vanni
Source: EV Jaffna parliamentarian, 150 acre area and the for the religious activities
said in a press meet held villages around it are to be of the Buddhist Sinhalese
“Valuable antiquities Monday in his Jaffna colonized with Buddhist people brought from the
office. He further accused Sinhalese. A big Buddhist South.”
plundered from the the government for not Vihara is being built based “Similar plans are afoot to
archaeological sites accepting help from the on claims that it is as occupy around 30% of
and monuments in International Community ancient as the ones in the theland in the districts of
Vanni by the for de-mining the Vanni as South in an attempt to Mullaithivu and Kilinochi.”
it does not want the steal the traditional
occupying forces of
homelands of the Tamils
Sri Lanka are now Source: Tamilnet quoting Press Release of Tamil National Alliance
sold in the antiquarian For Full Report: http://tamilnet.com/art.html?catid=13&artid=30392

market of Colombo” - Sri Lankan government means to “Sinhalise” the north and east
Tamilnet Encouraged by the In Irakandy, a short drive ancestral lands and more
government, thousands of from Trincomalee, 1,050 will be given to them.
Sinhalese in the Sinhalese, representing This is worrying. So long
meanwhile are flocking to over 350 families, have as the Tamils feel abused
the east to reclaim the gathered to reclaim land by a racist Sinhalese
land from which the LTTE from which 80 families state, the conflict may
chased them or their were driven in 1985. Many resume. Economic
parents. This risks of those now living on it development of their
causing conflict with the have documents shattered regions, which
Tamils and the Muslims supporting claims to have the government is
farming the land now- and bought the leaseholds to planning, is unlikely to
reinforces the Tamil’s the land. Yet the change that. Hence the
belief that the government incomers, under army government’s continued
means to “Sinhalise” the protection in a nearby war-footing—but this in
North and East. community centre, are turn is also reinforcing
confident that their Tamil grievances.
Source: The Economist
Sinhala Colonization of For Full Report: http://www.economist.com/world/asia/displaystory.cfm?story_id=14564948&fsrc=rss
Tamil Areas before 1983
Source: Sangam
Colonization of Ancestral Tamil lands in the Eastern Province
Batticaloa district Tamil located in the area on the putting up houses and
“Sri Lankan National Alliance (TNA), boundary of Ampaa’rai shops, Ariyanenthiran
Government’s P. Ariyanenthiran said that district in the Eastern said. Sri Lanka
treatment of Tamils as Sinhalese families from Province. 60 Tamil government is clearly bent
the South have colonized families had fled from on getting rid of Tamils
“a litany of injustice, Choaliyaamadu in 1990 from their ancestral home
Choaliyaamadu village in
cultural annihilation due to Sri Lanka Army lands in the Eastern
the Paddiruppu Regional
and human rights Secretariat division in the (SLA) offensives and now Province and this is
atrocities”. – Ian Batticaloa district. the Sinhalese families nothing but structural
Choaliyaamadu is a colonized by the genocide of the Tamils,
Cohen, Austrian
traditional Tamil village government in the MP pointed out.
Politican Choaliyaamadu are
Source: Tamilnet quoting Tamil Parliamentarians
For Full Report: http://www.tamilnet.com/art.html?catid=13&artid=30401
Page 7 of 8 TLAP Newsletter
British Eye Witness Account on Sri Lanka Massacre – Excerpts from UK Guardian Interview
Damilvany Gnanakumar, and who is alive. The ƒ “A Mother had the
a 25-year-old British Tamil bodies were just laid baby on her lap, the
who witnessed the horrors down on the floor and baby is dead and the
of the conflict tells Gethin that's the first time I saw mother didn't know”;
Chamberlain her story. dead bodies and ƒ "There were so
She witnessed Sri Lanka's wounded people crying many incidents. Another
bloody conflict from a out, shouting." time the mother was
Tamil hospital. Here are ƒ As the fighting dead and the baby was
some excerpts: intensified, they were still suckling." Source: Guardian
ƒ “The young treating as many as 500 ƒ “One day I was
mother was standing by people every day in two inside the [operating]
the side of the road, rooms. In the last two theatre and the next “As the shells fell, we
clutching her baby. The weeks or so there was a room was bombed” tried to save lives with
baby was dead. Because shortage of everything." ƒ “they [the Sri no blood or medicine”
of the shell bombing she ƒ "I watched when Lankan forces] again
just had to leave the there was a six-year-old bombed the hospital and
baby at the side of the boy," she said. "They one of the doctors died “…bunker right next
road" had to take off the leg in that” to ours had a shell on
ƒ "It was raining and and also the arm, but ƒ “I didn't think that I
you could see they didn't have proper top of it and there
would be alive and I
everywhere on the road equipment, they just had would be here now. I were six people in the
blood running with the a knife that the butchers said OK, I'm going to die, same family died”
water and the bodies use to cut the meat, and that is the end of it”
were left there because we have to use that to ƒ In the last five “…I saw blood
there was no-one to take off his leg and arm. days, she says, she everywhere and the
identify who was dead He cried and cried." believes about 20,000 people – I couldn't
people died.
Source: The Guardian, UK even imagine that
For Full Report: http://www.guardian.co.uk/world/2009/sep/15/sri-lanka-war-on-tamil-tigers place”

EDITORIAL OPINION: South Africa Lessons & Sri Lanka


The world could not have has its own roots. Having Tamils. Non-violent voices against
witnessed the present South disfranchised millions of the discriminatory policies were
Africa evolving, if it had not Tamils as stateless and suppressed by violence.
acted concertedly against its denying equal status for Aberration of armed resistance
apartheid regime. The White Tamils in 1956, Sri Lanka was a historical necessity as the
supremacy instilled apartheid legalised the discrimination in response to calculated genocidal
to legitimise an unlawful racial the constitution. Injustices oppression. Like the Soweto
discrimination. and systematic discrimination massacre turned the world's
Source: US State Dept
The Sharpeville massacre of in education, employment, attention towards South Africa, the
67 people encapsulated the economic development, and Massacre of civilians in the No-Fire
state of apartheid regime. In equal opportunities alienated Zone warrants the world's
April 1960, the UN Security ethnic Tamils. The Sri attention. An arms embargo has
Council (UNSC) changed its Lankan military is remained been enforced by US and EU and
conservative stance on as Sinhalese only force. are now urging for an Independent "The brutal policy of
apartheid, and for first time There are no legal or civil Inquiry on Crimes against apartheid is applied
agreed just on soft action mechanisms available to Humanity. before the eyes of the
demanding an end to redress Tamil grievances. The 20th century witnessed
apartheid. apartheid policies that nations of the world. ... in
UNSC did not act until the Tamil land has been disgraced humanity. The 21st the name of this racial
Soweto massacre to invoke a systematically colonized by century, witnesses the superiority murder is
mandatory arms embargo the Sinhalese and the Tamils structural genocide of Tamil
under article VII. It is the were forced to displace people. As was in South Africa committed with impunity.
effective economic sanction internally. The SA regime only a concerted mass action Can the United Nations do
against South Africa by the invented and implemented combined with UNSC can end nothing to stop this?”
member states and the global Bantustan - a resettlement the political oppression of
boycott at large that exerted program now adopted in Sri Tamils and bring change to Sri - Che Guevara, speech to
pressure on the apartheid Lanka that uprooted the Lanka. “Injustice anywhere is a the UN
government. people to move them to threat to justice everywhere”-
Ethnic discrimination in Lanka disconnected enclaves of Martin Luther King.
TLAP EVENT HIGHLIGHTS
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