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1/6/2002
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Future Parliament Victims
EOHR's report on fact-finding mission monitor
results for 2005 future parliament victims in the Governorates
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30/1/2006
Synopsis:
2005 parliamentary election started on the seventh of November, citizens dashed to the poll station to cast their votes for future parliament representatives, but on the contrary citizens were bolted from practicing right to participation which is guaranteed by the Constitution and international human rights instruments, in which according to statistics, 2005 elections witnessed the death of eleven citizens in different governorates; (Alexandria -one, Kafr Al-Sheikh -one, Al-Daqahlia - three, Damietta -three and Al-Sharqia -three), while 500 were injured. In 2000 parliamentary elections, statistics declared the death of eight citizens and sixty-four injured.
The excessive use of violence in 2005 elections was due to police apparatus neutrality in first and second phase, in which supporters of the candidates of National Democratic Party (NDP), Independents and Muslim Brothers carried the torch of violence in most stations, while on the third phase according to EOHR's statistics, security forces closed 496 poll stations in different governorates to bolt casting votes, which leads to violent scenes between voters and security forces and ends with gun fires and tear gas which spread the crowd. The situation was highly developed on the seventh of December (the third phase), it was described as 'bloodshed day', in which nine citizens died during scenes of violence, whilst security forces fired tear gas and rubber bullets to spread the crowd of voters.
On the other hand, 2005 elections witnessed a new term phenomenon called 'pay for violence' which means to pay rent for committing violence, in which some candidates of NDP, Muslim Brothers or Independents rent trouble makers to attack voters using cold steel and wooden sticks, and security forces noticed the whole scene neutrally, these incidents ridicule the Egyptian regime that leads the Egyptian citizen to pay for his life to participate in the former elections.
The report of the Egyptian Organization for Human Rights (EOHR) entitled 'Future Parliament Victims' determines testimonials of victims' kindred, lawyers and some physicians, also EOHR's mission monitored the eye-witnesses in the Governorates whom witnessed the death of eleven citizens, finally the report ends with the recommendations start with a call upon the General-Prosecutor for immediate investigation in violence incidents and introduce its consequences to the public.
The report's formal:
Information in the report gathered according to EOHR observatory mission in some Governorates witnessed the violent scenes (Alexandria, Kafr Al-Sheikh, Al-Daqahlia, Damietta and Al-Sharqia), and fact-finding mission's documentation to the testimonials of victims' kindred and lawyers, in addition to some eye-witnesses.
Introduction:
Throughout three phases started on (9 November beginning of the first phase until 7 December, end of third phase run-off), the Egyptian parliamentary elections this year witnessed excessive use of violence, in which a new phenomenon distinguished in both first and second phase called criminal paid violence sponsored by some candidates, in addition to the police's neutrality. In many governorates, violent scenes widened and turned into streets war arenas, which curbed the citizen from casting his vote and violate the right for political participation, in addition people also declared that 'violence in the parliamentary elections happened on purpose not in a random manner'.
On the other hand, in the very beginning of the third phase, security forces besieged some poll stations and deprived citizens from casting their votes, which leads to violent clashes between the citizens and the forces, finally the latter end the crowd via gun firing and tear gas to bolt casting votes inside.
Head of Judges Club (Alexandria), Counsellor Mahmoud al-Khodery declared in a press dialogue in Al-Masry Al-Youm Daily Newspaper (copy 566) on [31 /12 / 2005], 'In the poll's second phase, I witnessed groups of trouble makers holding sticks and all sorts of cold steel, all before the eyes of security forces'.
Second phase - first victim
Alexandria Governorate -first appearance
Despite the fact that Al-Monofia Governorate witnessed the first steps of violence, Alexandria witnessed the first murdered citizen. In the start of second stage parliamentary elections (20 / 11 /2005), many poll stations in Alexandria witnessed excessive use of violence managed by hired trouble makers holding all sorts of cold steel, and attacking any soul. In Al-Gomrok Constituency, violence started between supporters of NDP and Muslim Brotherhood candidates, in which a driver called Mohamed Khalil Ibrahim (41 years old), a supporter to the independent candidate Hassan Hussien, was stabbed on the right side of his chest, the victim was transferred to Ras Al-Teen Public Hospital but it was too late, Kom Al- Deka Ambulance [632] took the corpse to Kom Al-Deka morgue. Later the victim's family presented a declaration to the Public Prosecution, but investigation haven't yet determine the murderer.
Testimonials of eye-witnesses and kindred
EOHR fact-finding mission received a testimonial from a house wife named Mrs Fadia Khalil Ibrahim (49 years old), the victim's sister, she declared the following:
'Truly, we don't understand what happened, I received a phone call from my daughter -works in the house of the candidate's cousin-, she received news that my brother was stabbed, then suddenly the call ended, immediately, I called on the factory to check out the situation, workers inside told me that my brother went to bring breakfast (a breakfast at 1: 30 pm !!), a while later, I received another call from my niece carries the same news, then I received the news of his death and the corpse is situated in Kom Al-Deka morgue. All his kindred including me went to the hospital's morgue , but we couldn't see him; just my little boy, what is the guilt of his three daughters (Yousra, Amany and Azza), if this was my brother's destiny, the destiny of his three daughters (Yousra, Amany, Azza) is anonymous, they need protection, help !!!
Being the sole person who entered Kom Al-Deka morgue, EOHR mission met Ahmed Abdel Qader Mokhtar (a fourteen years old child), but he didn't say much 'I entered the morgue to see my uncle, he was covered by a long suturing (from neck to stomach), he was in an autopsy examination, then they kick me out'.
Later EOHR's mission conversed with Dr Abdel Halim Abdel Mohsen, manager of Ras Al-Teen Public Hospital, to check out the situation, he declared 'on 20th November 2005, during Alexandria polls, the hospital received a corpse of a dead person named Mohamed Khalil Ibrahim, we found out that his death was due to a deep cut in the chest's right side (length 3cm), immediately a medical initial report was represented to the public prosecution for investigation, then the corpse was transferred to Kom Al-Deka morgue'.
On this domain, Mr Kamal Mohamed Ahmed (counsellor), stated 'investigation was registered under command of Gharb Al-Kolia Prosecution, Al-Gomrok Criminals 21014 of [2005], later the case was transferred to Al-Gomrok Prosecution but still investigation didn't determine any progress, it carries also a record against an anonymous criminal, and until now no procedures taken'.
Third phase -Ten victims
Kafr Al-Sheikh round one - One victim
Parliamentary elections second phase witnessed the death of a citizen and many injured, the third phase round one witnessed also many acts of violence in different areas, but in this phase security forces practised their authority, in which they were accused of neutrality in the other two phases, according to observers' testimonials.
In Kafr Al-Shiekh Governorate, Balteem City witnessed the first victim in the third phase and second victim in the whole process, the victim is called Gomaa Saad al-Zeftawy (37 years old), sailor from Balteem, he is married and had two children; Mohamed (five years) and Khaled (five months).
EOHR's fact-finding mission monitored the incidents and registered the following:
In the third phase round one at 11am, (1 /12 /2005) Gomaa Saad al-Zeftawy proceeded to poll station (Resq Hamamu Primary School) to cast his vote, but he unexpectedly shot with gun fires, NB. The poll station didn't witness any casting votes, also it was circled by security forces, until they started firing tear gas bombs and fires to separate the crowd, al-Zeftawy the victim was shot in his neck and died immediately.
The Public Prosecution held investigation with record 4436 [2005] (Al-Borlos Administration), later the medical examiner held autopsy for the corpse before burial procedures.
Third phase run-off -nine victims
Parliamentary elections third phase witnessed fall of many victims, first and second phase - one victim, third phase round one - one victim also, but the incidents highly developed in the third phase run-off, in which on (7 /12 /2005) acts of violence increased, and security forces started firing tear gas bombs and rubber bullet randomly, which leads to the death of nine citizens, in addition to many injured. i.e. Al-Daqahlia Governorate occupied the lion's share of violence and victims (murdered or injured).
Al-Daqahli Governorate
Al-Mataria - three victims
Third phase run-off election ended with the death of three citizens from Al-Daqahlia Governorate, N.B the three victims belong to Al-Mataria city in Al-Daqahlia. Following the names of the victims:
1) Islam Ahmed Shehata;
2) Tamer Mahmoud al-Qamash;
3) Magdy Hassan al-Bahrawy.
Islam Ahmed Shehata (18 years old) third year secondary student
On the 7th of December 2005, security forces closed roads to many poll stations, this led to spread of violence on both sides (forces and citizens). In the process of bolting vote cast, the forces fired tear gas bombs and rubber bullet to separate voters and stop them from getting inside the station, as a result Islam was shot by a rubber bullet in the left eye passed to the brain and remained, he was transferred to Al-Mataria Hospital then to Al-Salam Hospital, placed in intensive care unit until his mortal on (14 /12 /2005).
Moreover, Mohamed Ahmed Shehata the victim's brother stated his testimonial to EOHR ' My brother didn't participate in attacks against security forces, the situation when forces bolt people from casting their votes, people started to throw rocks on forces' trucks, which led to the up rise of violence via rubber bullets firings, as a result my brother Islam was shot and transferred to Al-Mataria Hospital then finally placed in Al-Salam Hospital, he was placed in the intensive care until his death on (14 /12 /2005), Later Al-Salam Hospital administration reported the incident to the Prosecution and autopsy procedures was done. Police officers witnessed all burial procedures after taking the permission, they also forced us to finish burial procedures -without prayers- outside the city, but finally we did the procedure after the officers' surrender to the crowd'.
Tamer Mahmoud Abdu al-Qamash (24 years old) Faculty of Agriculture student - Al-Azhar University
The victim was on his way to buy some commodities to his father's private, he witnessed security forces firing tear gas bombs and rubber bullet, he was shot to death in his lungs and mouth. Al-Mansoura Academic Hospital in its medical report, mentioned the cause of death 'the death was due to an injury in the right side of the chest, caused damage in the right side of the lung, lead to not stop bleeding in chest cavity'.
The Prosecution received news of the incident and during its investigation in the hospital, charged a medical examiner to hold autopsy, then gave the burial statement, Investigation recorded 3957 of [2005] Al-Mataryia Centre Administration proceeding.
Additionally, the victim's father (Mahmoud Abdu al-Qamash) stated the following: 'My son was driving his bike to get some commodities for my store, a place very far from poll stations location. In Saad Zaghloul Street, an armoured car spread over random fires in all directions, in this moment my son Tamer was in front of Al-Shenawy Mosque and he was shot in his neck and mouth, then people brought him injured in the lungs and covered with blood, I tried to talk to him, but he didn't respond, we called upon two medical examiners (Dr Mohamed al-Sahlawy and Dr Abd Allah Dawoud) to examine the body, confirming his death. Immediately I went to the Prosecution to register a record 3957 of [2005] Al-Matarya Centre Administration, to take licence of burying the corpse. The Prosecution ordered autopsy procedure, then we took the corpse and prayed in Al-Fateh Mosque, then we buried it, after we pledged not to make riots'.
In addition, Mohamed Mahmoud al-Qamash, the victim's brother stated ' I was the first person who had seen my brother's corpse covered with blood, he had a cut in the chest and another in the left side of the fact due to fire shots, then when I tried making artificial respiration, he was dead'.
Magdy Hassan Ali al-Bahrawy (41 years old) - Sailor
'Mercy on him, God curse the tyrants, He was a husband, father and brother, he was my life, how can I afford life without him, what about his children, who will protect and support them, my husband was a father of five children [Asmaa - 15 years the elder, Mohamed -15, Ameer - 10, Ahmed - 7 and Mo'men - two years and a half] : the junior grabbed from his father's foster'.
Attiat Ahmed Salama, wife of the victim (Magdy Hassan) stated the former testimonial to EOHR mission, then proceeded again:
'Mercy on him, Magdy has had an illness, and he had examinations in University Hospital for sections he planted in the pelvis joint, Moreover he had no idea about elections, in which he was born in Port Said city and he had no ballot licence here, On this day Madgy went to work in the lack at 4 am, he returned home at 1 pm, took his lunch and slept until sunset, then I told him not to go out, children will bring dinner, he refused stating that he must bring money from the dealer and bring dinner on my way back, I tried to convince him not to bring money today in which outside is not safe today, but he insisted on going out saying that he had no concern with the elections, and he will bring money and return home quickly'.
The wife added also ' Just after ten minutes, my husband returned home lifted in a carriage on his back, he was covered with blood and his mouth and nose were bleeding, he was shot in his chest by police fire shots, people immediately took him to Al-Mataria Hospital, where immediately after I came nurses told me that my husband died'.
'Moreover, his brothers took him from the hospital but the police ordered to return the corpse again - (it is very strange I learned that honouring the dead is the burial) - then they returned back to the hospital. On Thursday -the next day- we received the corpse at 3 pm, we prayed and then he was buried. My husband wasn't buried alone, he has taken also my life and pleasure which it was all I had, now what concern me is not myself totally, but what I really care for is his innocent children's future, I just need one sole demand which is that murderers who broke down our family and orphaned our children must be punished, God be with us against tyranny and injustice'.
Testimonial of the victim's brother (Mohamed Hassan Ali al-Bahrawy): 'the family were home until someone informed us that my brother was hurt, then people stated that while Madgy was on the road to the market passing beside Al-Qamash Mosque, random police bombs reached him. Later people sent him home covered with blood, shot in his neck, and he was still alive, immediately we took him to Al-Matarya Hospital but we were late. The hospital was void of physicians though we returned home again, until the officer Hossam called us upon to return my brother's corpse, they kept the corpse until the autopsy was done, then my elder brother signed a testimony admits his responsibility - we have no idea of its content- in which we are illiterate people, finally we have done our prayers, but on the way back, forces were still firing tear gas bombs and rubber bullet on the streets'.
- Al-Mansoura Academic Hospital in its medical report, mentioned the cause of death 'the death was due to an injury in the right side of the chest, caused damage in the right side of the lung led to not stop bleeding in chest cavity'.
A testimonial of a sailor named (El Said Mohamed Taha abdel Fatah) [28 years old]: 'Magdy was on the road to the market which is far away from poll stations, suddenly four armoured cars appeared with sixteen police officers ordered military forces to fire tear gas bombs, rubber and gun bullets, the area was void of light and when I tried to fetch on Magdy, he was thrown on the floor in a scarf of blood. I asked him if he is all right, he said yes, then told me that the bullet is moving all over his body and he felt death, I couldn't help him because bombs and fires were all over and the place was dark, later I went to the hospital receiving the message of death for both Magdy and Tamer, another injured in the bomb scene.
Inside the autopsy room, Magdy had a 6 cm longitudinal wound placed in stomach, and the physician pulled out an ironed bullet seems like a very large bean seed, also he was subjected to rubber bullet shots in the testicle, besides a cut in the right hand and veins'.
Damietta Governorate
[Al-Khayata -three victim, Damietta -one victim]
The same scenario of violence was repeated in Damietta Governorate, where it had witnessed closing poll stations to stop citizens' vote casting and preventing people from political participation, in which it ended with the death of three citizens, al-Saeed al-Deghidi and Ihab Saleh Ezz al-Deen in Al-Khayata village, and Shaaban abdu abu Rabaa in Damietta City. Kindred of the three victims stated the following testimonials to EOHR:
1) al-Saeed al-Deghidy (41 years old) a carpenter
In the third phase run off (7 / 12 /2005), al-Deghedy was headed for a poll station to cast his vote, but he found out that security forces held a siege in all stations and started firing rubber bullet and tear gas bombs to stop citizens from participation, the result was the death of two citizens Ihab Saleh Ezz al-Deen and al-Saeed al-Deghidy. The latter was shot in the left side of the chest that damaged respiration area from the left side and heart veins from the left which caused not stop bleeding and blood circulation sinking … the victim then was transferred to the hospital via a private.
Testimonial of an eye-witness called Omar Shawlah (43 years old): 'before election day, forces made a round on the area saying in the speakers that election cancelled in the morning and no voting, in spite of the existence of ballot boxes in poll stations.
He added: 'In the election day at 8 am, crowds gathered before the poll stations while security forces held a siege surrounding the area from the location of stations to almost 100 meter far away, forces then ordered people to leave the place and go home, we didn't move and we did our prayer, until soldiers left barriers and broke into the crowd via firing tear gas bombs. Beyond soldiers, there were people throwing rocks and slabs, wearing civil clothes, then the crowd threw rocks also on the soldiers, replying the forces started firing rubber and gun bullets. In the beginning, violence was done randomly from one side, but it ended with a defiance between both sides, the first victim was Ayman Awad shot in his arm, while Ihab Ezz al-Deen was shot in his head (he was taking photos by his cell phone), now he is lying in Al-Salam International Hospital (Al-Mansoura Governorate). Due to the siege done over hospitals and random arrests to injured citizens, a group of physicians opened their clinics to receive the injured victims, in which forces arrested three citizens and despite their injury, they were trailed along the road with open wounds. Later I saw two men, Hassan al-Alamy received shots in his leg, and al-Deghedi received another in his chest, while he was standing near his house (he died immediately). People then took him home where the doctor refused to announce his death and demanded a car to take him to the hospital, later we found out that he was brought home dead'.
In all testimonials, eye-witnesses declared that security forces dealt with rubber and gun bullet randomly without limits which led to the spread of dead and injured.
Testimonial of an eye-witness called Bejad abu Samra; professor (29 years old): 'Saeed al-Deghidy was a close neighbour, he had good reputation in Al-Kheyata, a hard worker and the bread winner for a big family (his parents, wife and children), and none could run his workshop again, besides, his father dropped ill when he received the shock, in addition to the anonymous destiny of the wife (28 years old) house wife and the four children [Israa (12), Amira (9), Hazem (6) and Raghda (two)], who became without shelter or protection'.
2) Ihab Saleh Ezz el Deen (27 years old)
The victim Ihab Saleh Ezz el Deen was shot in the brain and the left arm, he was immediately transferred to Al-Amiri Hospital in Damietta Governorate then to Al-Salam International Hospital, then for 12 days he was lodged in a critical state until his death on (18/12/2005).
Testimonial of the victim's brother in law (Mohamed Ahmed Shaltot): 'Ihab was subjected to security forces' tear gas bombs, then returned home to take rest, after a while he told his wife (25 years old) that he will go to the workshop. In the road he was injured again in the brain, in which he was immediately transferred to Al-Amiri Hospital in Damietta then to Al-Salam International Hospital in Al-Mansoura. Due to his critical state, the victim was lodged in the latter for 12 days until his death on (18 /12 /2005)'.
3)Shaaban Abdu abu Rabaa (62 years old)
Testimonial of Ahmed Shaaban Abdu (son of the victim): 'I received a call carried news of my father's injury and that he is lying in Al-Aasar Hospital (Damietta Governorate), I went immediately to the hospital where I found him dead in the morgue, in which my father's corpse was subjected to 'fire shots in the head and signs of bleeding'. I tried to ask about the incident until an eye-witness called al-Said al-Gawad declared the following 'the victim was in his work place, when forces started firings, immediately the victim was shot and transferred to the hospital where burial licence and autopsy done. Moreover burial procedures finished away from police supervision'.
Al-Sharqia Governorate - three victims
Al-Sharqia Governorate witnessed the death of three victims in parliamentary elections third phase run off . The three victims are:
1) Mostafa abdel Salam (60 years old)
Tal Huein village witnessed bolt of third phase run off elections, During transfer of ballot boxes, security forces opened sphere of bullet and tear gas bombs to open the way for transferring the ballots, in which the citizen Mostafa abdel Salam was shot on the head and sent to Al-Zaqaziq Public Hospital and he died immediately, also his son (Mohamed Mostafa) took three shots in the right thigh. Accordingly the doctor Hamdy Morsy issued the medical report of the victim which states: 'brain is holed with complete deterioration in awareness average, swelling on both left and right eye, openness due to shots in the forehead, face and brain, in addition to general deterioration in the body into worse before death'.
Testimonial of the victim's wife (Souad al-Said): 'my husband on this day was out at 8 am to cast the vote, but he returned early stating that poll stations were out of service and chaos all over, then he did the prayers. In the afternoon he walked out again until fire bombs started and shot many people including my husband; shot in the head and also my own son. In the area of the incident, I found my husband dropped and covered with blood until people took him to the hospital where we received news of the death, curse on police the cause of my husband's death; mercy on him … he was a peaceful man and father of four innocent orphans'.
Testimonial of the victim's nephew (Mohamed Hosny abdel Salam): 'election was held in Shebl Primary School poll station, I took my injured uncle immediately to the hospital, where doctors denied his death, I told then the police officer that I intend to register a case record, he sent me to the police commissioner who did the record, when I returned again to the hospital to receive the late news of my uncle's, later we took the corpse and burial procedures were done away from supervision, also Al-Jazeera News Channel filmed the burial, mercy on him … my uncle was a peaceful man had no business with the elections totally'.
2) Mohamed Karam al-Taher Eliwa (21 years old) secondary school student
Testimonial of the victim's mother: 'in the day of election, my son was walking with his uncle abdel Rahman in the latter's land in Al-Qasaseen, the two returned home then my son walked out again, until I received news that he was shot in the chest via an officer's bullet. The incident took place away from Common Preparatory School poll station in Al-Qatawia, where election took place. People took him to Abu Hamad Public Hospital, my dear child was totally uninterested neither on politics nor elections'.
According to kindred's testimonials, the victim was transferred to Abu Hamad public Hospital, where the hospital's authority refused the case, people immediately sent him home again, NB. he was dead already. The kindred then registered the record in the police station, then the prosecution set investigation 6210 of [2005], (Abu Hamad administration) and it had selected also a medical examiner to hold autopsy and the next day was the burial.
Testimonial of Osama Osman Fahmy (22 years old) farmer - shot on his left arm during the incident, he stated: 'at 7 pm, a group of friends including me and the victim were walking on the streets far away from the place where election was held. Suddenly, we found people wearing black started opening fire, then Karam was shot, we took him to the hospital immediately, but he died soon though we returned home.
3) Mohamed Ahmed Mohamed Gazar (25 years old)
On 7th December 2005, the victim was on the way home from work until security forces shot him on the head, people took him to Abu Hamad Hospital then to Al-Zaqaziq University Hospital, where he passed away.
Testimonial of the victim's mother: 'people told me that my son was shot, first I didn't believe, until they informed me that he lay in Abu Hamad Hospital. Later I received news that he was taken to Al- Zaqaziq University Hospital, in which the doctors said that my son lodged in intensive care unit in a critical state. Mercy on him, he was shot on the head and eyes and been kept under artificial respiration, as a result they didn't let us see him until his death. Afterwards on the next day the corpse was our possession. I pursed towards the police station to state that the police is responsible for my son's death, in which he didn't participate in election held in (Martyr Sadeq Preparatory School) poll station in Al-Qatawia'.
Testimonial of the victim's father: 'immediately after the corpse been sent to Al-Zaqaziq Hospital, we recorded the incident in the Prosecution with Investigation 19456 of [2005] (Abu Hamad Misdemeanour). Moreover, the medical report stated that the victim's death was due being shot in the head which led to skull damage and brain rending, resulting demolish in brain active sensual centres, slump in blood circulation and heart breakdown'. Later the medical examiner hold autopsy for the corpse then burial was done.
Adding to the former testimonial of the victim's mother: she said 'my dear child was ignorant of his evil destiny, he was returning home from work until he passed away'.
Recommendations
Finally, EOHR in its report condemns security forces' violence against innocent voters, the result was 11 dead and 500 injured, though it calls upon the General-Prosecutor for immediate investigation and present the results to the public, and also Minister of Interior to declare the results immediately to check out defendants and bring them to court as soon as possible. Moreover, Article 44 of Political Rights Pursuit law states 'an officer who set orders to threaten or curb citizens from practicing their political right via any means in both polls and referendums will be subjected to two years imprisonment if the mission failed, but the punishment will sway between two to five years imprisonment if the officer fulfilled his deed on purpose'. Additionally, Article 48 of Political Rights Pursuit Law also states 'six months imprisonment and a forfeiture sways between one thousand and five thousand pounds to ones who practice violence or threats against citizens to bolt their cast in either poll or referendum, or to force into certain authority vote casting bias'. EOHR also demands punishing the defendants - practiced or gave orders in the series of violence against voters- via hampering their positions.
Finally EOHR ends its report calling upon security apparatus not to exceed its role stated according Article 26 of Political Rights Pursuit law which put security forces under control and subsidiary of Chair of Election Public Commission via determining peace and security both inside and outside poll stations to provide citizens the freedom to cast their votes without restrictions, in addition, the authorities must carry out legislation which prevent any outlawed or illegal attempt to run through the law.
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