Foroyaa Newspaper Burning Issue
Issue No. 59/2007, 23 – 24 May 2007
Editorial
DICTATORS CANNOT LIBERATE, MR PRESIDENT
When the President visited Venezuela, he delivered a speech when he was a
guest of the mayor of Caracas, the capital of Venezuela. GRTS television
broadcast the speech on 22 May.
In his speech, the President indicated that he would rather be a dictator
that would liberate his people than a democrat who would sell his country to
the west.
It goes without saying that a dictator cannot lead a people to liberation. A
dictator can only oppress and exploit a people; a dictator can only stifle
the minds of a people; a dictator can only jail political opponents without
observing the due process of law; a dictator can only torture, maim and kill
his/her people.
Liberation is an act of the people, not an act of a leader. A leader guides
his people to liberation. By their exemplary deeds and moving words a
conscious movement emerges and the people become liberated.
The liberation of a people starts with the liberation of their minds. The
people must be awakened from their slumber. They must know themselves, their
country and the world in order to become the architects of their own destiny.
Take Gambia, for example, if the people continue to vote on the basis of who
gave them a few coins, or on blood, ethnic, religious or other sectionalist
sentiments they will be vulnerable to the manipulations of demagogic
politicians who will continue to mislead them.
In short, without enlightenment a people cannot make informed choice. They
will not be in a position to free themselves from one tyrant or another, or
one dictator or another.
Power lies in the people. An individual is powerless without the support of
the people. When a people are determined and united no dictator can stand on
their path. The sophisticated weapons of the Shah of Iran and his notorious
Shavak (secret police) could not save him from falling from grace. Where are
the Idi Amins, the Mobutus, etc?
To conclude, we must emphasize that the issue we are faced with, in this
21st century, is not colonialism. The strife now is for the liberation of the
people, their economic prosperity and their human dignity. And you cannot talk
about human dignity if you crinch and crawl before a dictator.
The point is that liberation cannot be divorced from democracy. What is “
western” about people being free to carve their destiny by voting in free and
fair periodic elections, participating in public affairs, freely expressing
themselves and enjoying the protection of law and fundamental rights?
RE-ARRANGEMENT AT THE JUDICIARY
By Bubacarr K. Sowe & Fabakary B. Ceesay
At least three magistrates have recently been assigned to new jurisdictions,
said judicial secretary, Nguie Mboob-Janneh.
According to Mrs. Mboob-Janneh, Magistrate Kayode Olajubutu of the Banjul
Magistrate Court has been posted to Mansakonko and Farafenni as a travelling
magistrate. She said Magistrate Sheriff Tabally, who was at the Brikama
Magistrate Court, has also been moved to the Janjanbureh area and Magistrate Lamin
George of Banjul Magistrate Court will also be overseeing the Barra area.
Mrs. Mboob-Janneh told Foroyaa that the judiciary is aiming to bring the
justice system to the door step of The Gambian people. In a similar development
Magistrate I.I. Mboto has been moved from Kanifing Magistrate Court to the
Banjul Magistrate Court and Moses Richards of the Bundung Magistrate Court has
been elevated to the position of Principal Magistrate at the Kanifing
Magistrate Court.
Our reporter at the Kanifing Magistrate Court was also informed by the
Judicial Secretary, Mrs. Nguie Janneh that Magistrate Richards has already
occupied the position and has commenced sitting two weeks ago. He was also told by
sources that Magistrate Abdoulie Mbacke has gone on vacation for two months.
JUDICIAL COMPLAINTS BOARD WILL BE INDEPENDENT
By Bubacarr K. Sowe
The newly established Judicial Complaints Board, under the Chairmanship of
the chief Justice Abdou Karim Savage, will be an independent body, said the
Judicial Secretary, Nguie Mboob-Janneh.
In an interview with Foroyaa on Tuesday, May 22, Mrs. Mboob-Janneh who is
also the Secretary to the board said that the Judicial Complaint Board is
pioneered by the Chief Justice and the Attorney General, Kebba Sanyang. According
to her, other members of the board are the Director General of the National
Intelligence Agency, the Inspector General of Police, Secretary of State for
Interior and the Master of the High Court.
“We decided to form this board in order to remain an independent board which
will look into all the complaints that have been sent to the president’s
office,” the Judicial Secretary said.
Mboob-Janneh said that people have been writing to the President, the Chief
Justice and to the Secretary of State for Justice complaining about the
justice delivery system.
She said: “We want to have a committee which will be made up of not only
people in the Judiciary, but outside as well, an independent body will now look
at them (complaints). Some of the complaints are malicious, fictitious and
are taken out of grudge. Some of them are very genuine. The board will look at
these issues. If it is a genuine case, we will look into it and if not, the
board will see how to solve it.” The Judicial Secretary added that the
complaints board is not going to look into cases before the court, but will only
look into matters already decided by the courts.
Mboob-Janneh expressed that they will deal with matters transparently
inorder to restore people’s confidence in the judiciary.
“Some people write because they misunderstood something. Some people do not
know what the law is all about; the procedure in the law. Sometimes they
misinterpret some of these procedures to people as corrupt practices. We have to
follow due process and sometimes in trying to follow due process, people feel
that you are wasting too much time and you have a reason for doing that.
Then they start writing petition. By the time things are clear, we will be able
to forge ahead and, at least, restore the confidence of the people in the
Judiciary,” the judicial Secretary said.
IEC FORGERY TRIAL PW4 TESTIFIES
By Fabakary B. Ceesay
Mrs. Sarah Grey Jonhson, a commission member of the Independent Electoral
Commission (IEC), has testified in the alleged forgery trial involving the then
chief electoral officer, Mr. Kawsu Ceesay, on Monday 2 May. Mrs. Jonhson
testified as the fourth (4) prosecution witness at the Kanifing Magistrate
Court.
Mrs. Jonhson said that she was appointed as a commission member in 2001. She
said that the IEC used to buy electoral materials from Code Company. She
said that in March 2006, the then Chairman, Mr. Ndondi Njie called a meeting
which was attended by the commission members and that the accused (Mr. Ceesay)
was present at the meeting. Mrs. Jonhson said that the then chairman stated
that he has been receiving lots of emails from Code Company in Canada. She
noted that as far as she can recall, the accused (Mr. Ceesay) did not say
anything at that meeting. She said at that meeting, she did not see any approval or
authorization document with regards to the purchase of electoral materials.
She said that sometime in July 2006 when Mr. Ndondi Njie was removed from the
office, she received a memo from Mr. Kawsu Ceesay (the accused) about an
approval with Mr. Njie’s signature on it. She said that she was shocked when she
saw the memo because nothing was said about it at the commission’s meeting.
She said that the accused person (Mr. Ceesay) did not say anything at that
time. She said that the time she received the memo from Mr. Ceesay, the then
Chairman was removed from office. During cross examination, Mrs. Jonhson said
that Mr. Ceesay was ordered by the commission to look for invoices concerning
the electoral materials. She indicated that as far as she knows, Mr. Ceesay
got an invoice from Code Incorporated in Canada. She said that during the
commission’s meeting where the then Chairman was denying giving orders to Mr.
Ceesay to look for an invoice, Mr. Ceesay did not say anything. “Your colleagues,
Sulayman Sait Mboob, Mr. Njie and Saffie Njie told the court that Kawsu
defended himself by saying that he was given instructions by the boss,” said
lawyer Batchilly.Mrs. Jonhson said, “I cannot recall what he said, but he said
something.” Mrs. Jonhson said that the commission members should know what is
going on at the IEC, but that she did not know whether the matter involving
Mr. Ceesay was laid to rest. She indicated that the memo that she received from
Mr. Ceesay was asking for an approval for payment to be made to Code. She
said that Mr. Ceesay was asking for an approval from the Chief Accountant for
payment.
The state counsel, A.S Umar, told the court that they intend to call two (2)
more witnesses. The defence counsel is Musa Batchilly. Mr. Kawsu Ceesay, the
Chief Electoral Officer is charged for allegedly forging the signature of
Ndondi Njie, the former Chairman, to purchase electoral materials costing D6
million. He pleaded not guilty.
NIAMINA EAST INDEPENDENT CANDIDATE ACQUITTED AND DISCHARGED
By Yaya Dampha
Mr. Ebrima L. S Marenah, the independent candidate who contested for the
Niamina East constituency seat at the last National Assembly election, was on
Tuesday 22nd May acquitted and discharged by the travelling Magistrate, Mr.
Tony Baldeh of Jareng Magistrates Court. The candidate was arrested and charged,
together with his campaign manager, Mr. Talibo Ceesay, and the two were
standing trial for alleged public disorder.
The presiding magistrate said the prosecution and all its witnesses have
failed to prove their case beyond reasonable doubt. The full text of the
judgment will be published later.
CORRIGENDUM
RE- GPU COMMEMORATES WORLD PRESS FREEDOM DAY
Dear Sir,
I refer to your report on the GPU’s Commemoration of World Press Freedom Day
in your issue of Monday 21st May 2007.
In the said article, the President of the GPU, Madi Ceesay was quoted as
saying that “the Independent Newspaper, Citizen FM and Sud FM all remain closed,
with the exception of Citizen FM, without a court order.”
For the record, I want to make it categorically clear that no court order
has ever been issued for the closure of Citizen FM.
Yours sincerely
Baboucarr M. Gaye
Proprietor
Citizen FM
Press Release!!
Four Representatives of the Executive Committee of the Comrade Ebou Madi
Sillah Memorial Foundation and the Widow of the decease, Ya Joor Ba, called on
the Vice President, Mrs Aisatu Njaay Seydi, this afternoon, to brief her on
the main objectives of the Foundation and the activities that it has carried out
since its inception in March this year.
The Representatives include, Baaba Sillah, Baboucar Gaye, Usmaan Silla, arid
Ya Joor Ba Sillah.
The Foundation was borne out of tile initiative of Friends of Ebou Sillah
and the backing of his Family. The Foundation’s principal objectives are to;
(i) Perpetuate Ebou’s legacy for eternity by establishing a Foundation in
his honour
(ii) To preserve and protect Ebou’s work
(iii) To encourage young and budding Artists, especially those at School and
other Institutions oh learning in order to create the conditions through
which they can augment their skills, knowledge and attitudes so that they can
roll back the frontiers of Art in file Gambia
(iii) To Promote Art and Art education with a view to complementing tile
work that is already being carried out by Institutions in both tile formal and
informal sectors
(iv) To create a new mind-set - tile purpose of which is to open up some
vistas in tile general public’s appreciation of Art and in the, especially as it
pertains to the development of Gambian Art and artefacts in the Country’s
Tourism Industry.
(v) To support Ebou’s young Family.
Since its establishment, two Months ago, tile Foundation has, among other
things, put up an Art Exhibition in Ebou’s honour, at the Alliance Franco
-Gambian, from the 19th of April to tile 26th of April, culminating in the
official launch of the Comrade Ebou Madi Sillah Memorial Foundation.
The Foundation has got off on a good start! It has won the hearts and
support of a cross-section of the Gambian community, both at home and abroad,
Non-governmental Organisations, tile Expatriate Community, Private Enterprise,
Public and Para-statal Institutions and Private Voluntary Organisations
Within a short period of time, the Foundation has generated a fair amount of
funds and has garnered resources through the sale of reproductions of Ebou’s
work, through the personal contributions of its members and donations from
Individuals, from Friends and Institutions. The Foundation plans to
plough-back into its projects the funds and resources so that it can accomplish tile
objectives it has set itself, both ill tile medium and in the longer term
Already, we have enlisted three members of our Staff on a training programme with
tile Association of Small Scale Enterprise in Tourism (ASSET), to enhance
their skills in the day to day Operations in Information Technology and in
Records Management. It is anticipated that this will make for greater efficiency
in the judicious use of resources and in the setting up of the requisite
Administrative procedures.
The main plans for the corning year are to extend the Exhibition to tile
Gambian diaspora and to tile lovers of Art in the Sub-region and beyond. Tile
other project is to set up a Museum cum Art Gallery at an ideal location,
possibly at the TDA, where the Foundation hopes to establish a strategic,
permanent operations base.
The Executive Committee
22 May 7007
PRESS RELEASE FROM THE UNIVERSITY OF THE GAMBIA
The University of The Gambia (UTG) wishes to bring for the general
information of UTG and the general public that Alh. Gumbo Touray has been appointed to
the new position of, Director of International Affairs and Information of
the University of The Gambia with immediate effect
Mr. Touray will have the responsibilities both as an academic as well as
being responsible for international matters of’ the university
His other responsibilities will include
• Devising strategies towards attracting Gambians and non-
Gambians in the Diaspora to support the university.
• Fostering university linkages internationally and with national
institutions.
• Establish a vibrant alumni association for UTG
• Responsible for the development and spread of information such
as the university newsletter brochure website and other publications.
With the creation of’ a special office UTG aims to have better outreach and
to promote the academic mission by strengthening institutional capacity
Sincerely
Lamin Sam Jaiteh
Registrar
University of The Gambia
Rethinking Conflict Prevention and Resolution:
Strategies, Instruments, Institutions and Post Conflict Responses
[Lessons on the Pan African Parliament’s mission to Darfur]
Halifa Sallah
Part 3
The European Parliamentarians For Africa requested for Halifa Sallah to rely
on his experience as the rapporteur of the mission of the Pan-African
parliament on Darfur to write the following article on the role of Parliaments in
Handling conflict trends in Africa .The article has been published by The
Association for the Constructive Resolution of Disputes based in South Africa.
We have so far published Part 1 and 2. We now published 3. for those who
wish to get the whole article we refer you to the letter at the end of this
article.
THE SOLUTION
None of the armed opposition groups advocated the secession of Darfur from
mainland Sudan. They called for a new Sudan where power and resources will be
shared without distinction to race, tribe or religion. The government also
maintained that it had started a process in the south aimed at implementing a
comprehensive peace agreement that would lead to the equitable sharing of
decision making powers and resources to ameliorate the historical disparities w
hich could be replicated in Darfur.
The PAP mission concluded that when the vast majority of people in a region
or state are alienated and traumatized the sovereignty and legitimacy of a
government becomes the casualty. It recommended that all those interested in
the stability of Sudan as a sovereign state should work for a peaceful
resolution of the conflict and promote post conflict responses that would lead to the
sharing of decision making powers and resources to remedy past injustices.
RECOMMENDATIONS
The PAP mission observed that if action was not taken to contain cease fire
violations then the integrity of the AU mission in Sudan would be
compromised. It therefore recommended that the military observers mandated be
transformed into a robust protection force to provide security for the inhabitants of
Darfur. The mission further observed that since the armed opposition wants a
new Sudan while the government is also amenable to the sharing of decision
making powers and resources, negotiation for political settlement of the
conflict should be accelerated in order to inspire hope among the combatants and to
deter them from resuming hostilities. The mission cautioned that if the
negotiations for a political settlement were not time bound insecurity would gain
primacy through repeated cease fire violations.
History has shown that the PAP mission’s observations were correct .In
short, the AU assembly did not conclude political discussions until 5th may 2006
.The Abuja peace talks did not include the PAP in its mediation efforts nor
did it involve the Darfur and Greater Sudan civil society. There was more
reliance on the executive power of governments to facilitate the negotiations .
Despite the legitimacy of the mediation team, led by Salim Ahmed Salim, as
well as the presence of Chad, Libya, Nigeria, Eritrea and Egypt as facilitators,
the Abuja talks did not achieve its principal aim. The Darfur Peace
Agreement was only signed by two parties in the conflict , that is , The Government
of national unity of Sudan and a faction of the SLM/A led by Minni Minawi
.The other SLM faction led by Abdulwahid Al Nour and the SJEM led by Khalil
Ibrahim refused to be signatories to the Darfur Peace Agreement . Even though an
ultimatum was issued for then to sign the Agreement by 31st May 2006, failing
which sanctions in the form of travel bans and asset freezing would be
applied, their positions still remained unchanged In fact, the two movements have
since formed a united front known as the Darfur National Redemption Front to
prosecute the war .The Front issued a declaration rejecting the Abuja peace
agreement as faulty. They appealed to the people of Darfur and the
marginalized communities of Sudan to join the Front. It was evident that a more
participatory approach to conflict resolution was necessary to address this impasse.
The mission further noted that in its short stay in Darfur it was able to
engage the SLA representatives in talks to reverse a decision by the external
wing to dissociate itself from the Humanitarian Cease Fire Agreement of 8th
April 2004. The mission noted the cautious openness of the combatants, the
Sudanese authorities, the people in displaced camps and judges in consultations
with the PAP mission once they realized that they were dealing with
parliamentarians who were not imbued with any powers to impose their will on them and
were not agents of any government but were in Sudan as representatives of the
peoples of the continent .This confirmed that parliament, civil
administration and civil society have a significant role to play in crisis prevention,
management and resolution as well as post conflict responses to accelerate
reconciliation, reconstruction and nation building in the civil, political,
social, economic and cultural sense.
This is precisely the reason why the mission called for the strengthening of
the AU’s civil administration in Darfur by incorporating effective
political, humanitarian, human rights and information departments. Such institutions
could easily involve displaced persons and those in villages, especially
women, who bear the costs of war in the search for solutions and the
implementation of any agreements. The mission observed that the PAP, in partnership with
civil society and relevant AU and UN specialized agencies could develop new
initiatives to draw the civilian population as partners in developing and
implementing conflict management, resolution, peace building and nation
building strategies .This partnership aspect of conflict resolution planning is
often neglected in orthodox conflict responses.
It was therefore recommended that the PAP standing committees should engage
the civilian population in Darfur, specifically the committees on gender,
family, youth and people living with disabilities, the Committee on Justice and
Human Rights, the Committee on Education and Culture and the Committee on
Cooperation, International Relation and Conflict Resolution. These committees in
collaboration with the specialized AU agencies and civil society could
easily incorporate the civilian component of any comprehensive peace agreement.
The PAP mission also conveyed the need for institutional development to
address the emerging issues from conflict .For example , during discussions with
UN International Enquiry members on Darfur issues of war crimes , genocide
and crimes against humanity were raised .The International Criminal Court is
extending its operations to handle cases pertaining to war crimes , genocide
and crimes against humanity .Article 4H of the AU’s Constitutive Act
safeguards “the right of the Union to intervene in member states pursuant to a
decision of the assembly in respect of grave circumstances, namely war crimes ,
genocide and crimes against humanity .” The question then arose: What will the
Union do to address the cases of those who are suspected to have perpetrated
war crimes, genocide and crimes against humanity after intervening in a
country? This question merits legal and institutional responses of a continental
dimension .If Africa is to attain primacy in handling its conflicts it must
develop instruments and institutions that can address all conflict
manifestations and ramifications. Herein lies the need for the establishment of an
African Criminal Court to address the issues of war crimes, genocide and crimes
against humanity .To avoid the proliferation of institutions for their own sake
the AU may consider the enlargement of the mandate of The African Court on
Human and Peoples Rights to incorporate the powers of a special criminal court
to handle cases of war crimes, genocide and crimes against humanity.
To be continued
JOURNALIST LAMIN FATTY TESTIFIES IN COURT
By Fabakary B. Ceesay
Lamin Fatty, a reporter with the closed Independent Newspaper, has on Monday
21 May opened his case. The trial has been dragging on since 12 June last
year, at the Kanifing Magistrate Court. Mr. Fatty opened his case after the
trial Magistrate, Buba Jawo, overruled the defence submission of no case to
answer.
Mr. Fatty, told the court that he has been a journalist since 2001. Mr. He
said that he was arrested on the 10 April 2006, and was detained for sixty
three (63) days. He said that he was not told the reasons for his arrest until
12 June 2006, when he first appeared in court; that the charge sheet was read
out to him and that he is standing trial for false publication. He said that
he has been detained at the National Intelligence Agency (NIA) in Banjul.
Fatty said that his job is to gather news and submit it to the editors. Fatty
denied publishing the Independent newspaper dated 24-26 March 2005. He
indicated that even though his name appeared under the lead story on the newspaper,
he did not write all the content in that story. Fatty noted that he wrote the
government’s press release with his own caption, “An attempted foiled coup,”
but that it was summarized by the editor with the caption “23 coup plotters
arrested.” Fatty said that reporters have no right to decide which story
should be published. He said that the story was published by the Independent
media company limited and was printed by the Eagle Printing Service. He said that
the Editor-in-Chief was Mr. Musa Saidykhan, but he did not know where Mr.
Saidykhan is at the moment. Mr. Fatty asserted that the caption “I was not
arrested,” is a rejoinder but that he did not know who wrote it. Fatty said that
he did not know Samba Bah personally and that he never published that Samba
Bah was arrested, that he was never aware of any Samba Bah being arrested. “In
my story there was no arrested person’s name mentioned,” he said during
cross examination by 1748 1st Class Mballow. Fatty said that he was a freelance
Journalist but was issued an identity card by the management of the
Independent Newspaper. Fatty said that he did not sign any voluntary and cautionary
statement at the Major Crime Unit, but at the NIA headquarters. He said that
the charge sheet was signed on the 11 May 2006. “I am putting it to you that,
you are not truthful when you said you came to know about the charge sheet on
the 12 June 2006,” said Mballow. Fatty replied, “I’m truthful, I was aware
of it in the morning of 12 June 2006.” Fatty said that his sources in that
story was from the government’s press release which was clearly written in that
story in the second paragraph of it. Mballow asked him whether it is correct
that reporters do sit beside editors when editing their stories. Fatty said
that was not always the case. “That is a gross violation of the ethics of
Journalism on the part of the editor and the reporter,” said Mballow. Fatty said
that was not a violation. He said that he did not know who reported the
written caption, “I was not arrested,” because there is no byline for that
caption. He said that under the caption “23 coup plotters arrested,” the byline
was Lamin M. Fatty, but that he is Lamin Fatty. “I am putting it to you that you
wrote that story and that there is no press release on that story,” said
Mballow. Fatty maintained that he did not write that story and that there was a
press release in the second paragraph of the story.
FATOU JAW MANNEH’S TRIAL ADJOURNED
By Fabakary B. Ceesay
The sedition trial of Journalist Fatou Jaw Manneh, has been adjourned due to
the fact that the defence counsel, Lamin Jobarteh was absent in court. The
case was called at the Kanifing Magistrate Court on Tuesday 22 May. The state
counsel, E.O Fagbenle, told the court that Mr. Jobarteh has called his
office to inform him that his vehicle has a breakdown at Kerewan (NBR). Mr.
Fagbenle applied for a short adjournment for the continuation of the cross
examination of the prosecution witness by the defence counsel. The case was adjourned
to 1 June 2007. Fatou Jaw Manneh is standing trial for sedition, since April
3, 2007.
THE NATION BACK ON THE STANDS
The new Management of THE NATION Newspaper is pleased to inform the general
public that it will commence publication of the Newspaper on Friday 25th May
2007.
The new edition of THE NATION Newspaper will concentrate on investigative
journalism while retaining its old and well known characteristics for balanced
and transparent journalism; putting the interest of the people above all and
glorifying The Gambia; and reporting on all significant achievements in all
sectors of the economy and society as well as those registered by individual
personalities and institutions, either operating in The Gambia or whose
operations are relevant to the socio-economic development of the Gambia.
Get your copy of the maiden edition on Friday 25th May 2007 for only D10.00
(Ten Dalasis) and learn more truths about The Gambia, the society, the
government and other issues of national interest as never before.
UDP CANDIDATE FOR JOKADU ARRESTED
By Ousman M.M Jallow
Reports have it that the United Democratic Party candidate for Jokadou
Constituency in the last National Assembly Election, Mr. Sait A. Joof, was
arrested on Tuesday 15 May at his home town at about 10:00 am by an NIA officer.
According to the relatives, the National Intelligence Officer came to the
village around 9:30 in the morning with a red motor cycle, an A.G type. It was
reported that about five minutes following his arrival in the village, the
NIA officer arrested Mr. Joof and then took him to Ndungu Kebbeh.
The reason for his arrest is not yet known.
However, according to police sources, Mr. Sait A Joof was granted bail on
Friday 18 May. It is not clear whether he has been formally charged, but
information that was received has indicated that the case is with the prosecution
office.
RON FORD MURDER TRIAL DEFERRED
By Fabakary B. Ceesay
The protracted murder trial of a British citizen, Ron Ford, was on Monday
adjourned to a later date due to the absence of the defence witness. The case
is before the Kanifing Magistrate Court..
Defence counsel, Mrs. Mendy, who was also holding brief for counsel, Haddy
Dandeh Njie, told the court that the witness was in court on the last sitting.
She said that she did not know the reasons for his absence, but that she was
hoping that he would be in court. She therefore applied for a short
adjournment. The state counsel, E.O Fagbenle did not object to that and had also
equally asked for a short adjournment. Dawda Bojang and Kawsu Jarju are standing
trial for allegedly killing, Ron Ford, a British tourist, almost five years
ago. The case has been dragging since then and has so far been assigned to two
Magistrate Courts.
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