Page 54
1 Friday, 24 May 2002
2 [Initial Appearance]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 12.47 p.m.
6 JUDGE ROBINSON: Will the Registrar call the case, please.
7 THE REGISTRAR: Good afternoon, Your Honours. Case number
8 IT-95-4-I and IT-95-8/1-I, the Prosecutor versus Dusko Knezevic.
9 JUDGE ROBINSON: And the appearances for the Prosecutor?
10 MS. KORNER: Your Honour, Joanna Korner, Jocelyn Bodson, assisted
11 by David Leese, case manager, for the Prosecution.
12 JUDGE ROBINSON: Thank you very much.
13 And for the Defence?
14 MR. ZECEVIC: Good afternoon, Your Honour. Slobodan Zecevic for
15 the Defence case. Thank you.
16 JUDGE ROBINSON: This is the Initial Appearance of Mr. Dusko
17 Knezevic, and at the hearing the accused will be asked to enter a plea on
18 two indictments against him. The first is dated the 3rd of January, 2001,
19 and the second, 18th of July, 2002.
20 Mr. Zecevic, I take it that your client has received copies of the
21 indictment, the two indictments, in a language that he understands?
22 MR. ZECEVIC: Yes, Your Honour, that is correct.
23 JUDGE ROBINSON: And you've had an opportunity of going over it
24 with him?
25 MR. ZECEVIC: That is correct, Your Honour.
Page 55
1 JUDGE ROBINSON: Does your client wish to have the indictments
2 read out in full or is he prepared to waive that right?
3 MR. ZECEVIC: My client is prepared to waive that right, and he
4 doesn't need, because he understands the charges from the both
5 indictments. So there is no need, in our opinion, for the indictment to
6 be read in the Court.
7 JUDGE ROBINSON: Thank you very much.
8 Mr. Knezevic, stand. You've heard what your counsel has said.
9 You've had the indictments in a language that you understand and they
10 have been both explained to you. He has informed you of the nature of the
11 charges against you. Do you wish to enter your pleas today?
12 THE ACCUSED: [Interpretation] Yes, Your Honour.
13 JUDGE ROBINSON: The Registrar will read the counts in the two
14 indictments, and I will ask the accused at the end of each count whether
15 he pleads guilty or not guilty.
16 The Registrar.
17 THE REGISTRAR: The first indictment, case number IT-95-8/1.
18 Counts 3 to 5 relate to the persecution and other acts against Bosnian
19 Muslims, Bosnian Croats, and other non-Serbs in the Prijedor area and
20 specifically in the Keraterm camp committed by the accused and others
21 between 24 May 1992 and 30 August 1992.
22 Count 3 charges you with persecutions on political, racial or
23 religious grounds, a crime against humanity punishable under Articles 5(h)
24 and 7(1) of the Statute of the Tribunal.
25 JUDGE ROBINSON: How do you plead, guilty or not guilty?
Page 56
1 THE ACCUSED: [Interpretation] Your Honour, not guilty.
2 THE REGISTRAR: Count 4 charges you with inhumane acts, a crime
3 against humanity, punishable under Articles 5(i) and 7(1) of the Statute
4 of the Tribunal.
5 JUDGE ROBINSON: How do you plead, guilty or not guilty?
6 THE ACCUSED: [Interpretation] Your Honour, not guilty.
7 THE REGISTRAR: Count 5 charges you with outrages upon personal
8 dignity, a violation of the laws or customs of war, as recognised by
9 Article 3(1)(c) of the Geneva Conventions of 1949, punishable under
10 Articles 3 and 7(1) of the Statute of the Tribunal.
11 JUDGE ROBINSON: How do you plead, guilty or not guilty?
12 THE ACCUSED: [Interpretation] Your Honour, not guilty.
13 THE REGISTRAR: Counts 12 to 15 relate to the beating of a group
14 of detainees by the accused and others in the Keraterm camp on around
15 25 June 1992.
16 Count 12 charges you with torture, a crime against humanity,
17 punishable under Articles 5(f) and 7(1) of the Statute of the Tribunal.
18 JUDGE ROBINSON: How do you plead, guilty or not guilty?
19 THE ACCUSED: [Interpretation] Your Honour, not guilty.
20 THE REGISTRAR: Count 13 charges you with torture, a violation of
21 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
22 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
23 of the Tribunal.
24 JUDGE ROBINSON: How do you plead, guilty or not guilty?
25 THE ACCUSED: [Interpretation] Your Honour, not guilty.
Page 57
1 THE REGISTRAR: Count 14 charges you with inhumane acts, a crime
2 against humanity, punishable under Articles 5(i) and 7(1) of the Statute
3 of the Tribunal.
4 JUDGE ROBINSON: How do you plead guilty or not guilty?
5 THE ACCUSED: [Interpretation] Your Honour, not guilty.
6 THE REGISTRAR: Count 15 charges you with cruel treatment, a
7 violation of the laws or customs of war, as recognised by Articles 3(1)(a)
8 of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of
9 the Statute of the Tribunal.
10 JUDGE ROBINSON: How do you plead, guilty or not guilty.
11 THE ACCUSED: [Interpretation] Your Honour, not guilty.
12 THE REGISTRAR: Counts 16 to 22 relate to the beating and abuse of
13 two detainees around the later part of June 1992, which led to their
14 death.
15 Count 16 charges you with murder, a crime against humanity, and
16 punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.
17 JUDGE ROBINSON: How do you plead, guilty or not guilty?
18 THE ACCUSED: [Interpretation] Your Honour, not guilty.
19 THE REGISTRAR: Count 17 charges you with murder, a violation of
20 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
21 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
22 of the Tribunal.
23 JUDGE ROBINSON: How do you plead, guilty or not guilty?
24 THE ACCUSED: [Interpretation] Your Honour, not guilty.
25 THE REGISTRAR: Count 18 charges you with torture, a crime against
Page 58
1 humanity, punishable under Articles 5(f) and 7(1) of the Statute of the
2 Tribunal.
3 JUDGE ROBINSON: How do you plead, guilty or not guilty?
4 THE ACCUSED: [Interpretation] Your Honour, not guilty.
5 THE REGISTRAR: Count 19 charges you with torture, a violation of
6 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
7 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
8 of the Tribunal.
9 JUDGE ROBINSON: How do you plead, guilty or not guilty?
10 THE ACCUSED: [Interpretation] Your Honour, not guilty.
11 THE REGISTRAR: Count 20 charges you with inhumane acts, a crime
12 against humanity, punishable under Article 5(i) and 7(1) of the Statute of
13 the Tribunal.
14 JUDGE ROBINSON: How do you plead, guilty or not guilty?
15 THE ACCUSED: [Interpretation] Your Honour, not guilty.
16 THE REGISTRAR: Count 21 charges you with cruel treatment, a
17 violation of the laws or customs of war, as recognised by Articles 3(1)(a)
18 of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of
19 the Statute of the Tribunal.
20 JUDGE ROBINSON: How do you plead, guilty or not guilty?
21 THE ACCUSED: [Interpretation] Your Honour, not guilty.
22 THE REGISTRAR: Count 22 charges you with rape, a crime against
23 humanity, punishable under Articles 5(g) and 7(1) of the Statute of the
24 Tribunal.
25 JUDGE ROBINSON: How do you plead, guilty or not guilty?
Page 59
1 THE ACCUSED: [Interpretation] Your Honour, not guilty.
2 THE REGISTRAR: Counts 23 to 26 relate to the beating by the
3 accused and others during the middle of July 1992 of a detainee which led
4 to his death.
5 Count 23 charges you with murder, a crime against humanity,
6 punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.
7 JUDGE ROBINSON: How do you plead, guilty or not guilty?
8 THE ACCUSED: [Interpretation] Your Honour, not guilty.
9 THE REGISTRAR: Count 24 charges you with murder, a violation of
10 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
11 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
12 of the Tribunal.
13 JUDGE ROBINSON: How do you plead, guilty or not guilty?
14 THE ACCUSED: [Interpretation] Your Honour not guilty.
15 THE REGISTRAR: Count 25 charges you with inhumane acts, a crime
16 against humanity, punishable under Article 5(i) and 7(1) of the Statute of
17 the Tribunal.
18 JUDGE ROBINSON: How do you plead, guilty or not guilty?
19 THE ACCUSED: [Interpretation] Your Honour, not guilty.
20 THE REGISTRAR: Count 26 charges you with cruel treatment, a
21 violation of the laws or customs of war, as recognised by Article 3(1)(a)
22 of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of
23 the Statute of the Tribunal.
24 JUDGE ROBINSON: How do you plead, guilty or not guilty?
25 THE ACCUSED: [Interpretation] Your Honour, not guilty.
Page 60
1 THE REGISTRAR: Counts 27 to 32 relate to the beating during the
2 middle of July 1992 of a large number of detainees by a group of guards,
3 including the accused, leading to the death of three of them.
4 Count 27 charges you with murder, a crime against humanity,
5 punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.
6 JUDGE ROBINSON: How do you plead, guilty or not guilty?
7 THE ACCUSED: [Interpretation] Your Honour, not guilty.
8 THE REGISTRAR: Count 28 charges you with murder, a violation of
9 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
10 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
11 of the Tribunal.
12 JUDGE ROBINSON: How do you plead, guilty or not guilty?
13 THE ACCUSED: [Interpretation] Your Honour, not guilty.
14 THE REGISTRAR: Count 29 charges you with torture, a crime against
15 humanity, punishable under Articles 5(f) and 7(1) of the Statute of the
16 Tribunal.
17 JUDGE ROBINSON: How do you plead, guilty or not guilty?
18 THE ACCUSED: [Interpretation] Your Honour, not guilty.
19 THE REGISTRAR: Count 30 charges you with torture, a violation of
20 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
21 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
22 of the Tribunal.
23 JUDGE ROBINSON: How do you plead, guilty or not guilty?
24 THE ACCUSED: [Interpretation] Your Honour, not guilty.
25 THE REGISTRAR: Count 31 charges you with inhumane acts, a crime
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13 English transcripts.
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Page 62
1 against humanity, punishable under Article 5(i) and 7(1) of the Statute of
2 the Tribunal.
3 JUDGE ROBINSON: How do you plead, guilty or not guilty?
4 THE ACCUSED: [Interpretation] Your Honour, not guilty.
5 THE REGISTRAR: Count 32 charges you with cruel treatment, a
6 violation of the laws or customs of war, as recognised by Article 3(1)(a)
7 of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of
8 the Statute of the Tribunal.
9 JUDGE ROBINSON: How do you plead, guilty or not guilty?
10 THE ACCUSED: [Interpretation] Your Honour, not guilty.
11 THE REGISTRAR: Counts 33 to 36 relate to the torture and/or
12 beating of a number of detainees in the Keraterm camp between 24 May 1992
13 and 30 August 1992.
14 Count 33 charges you with torture, a crime against humanity, and
15 punishable under Articles 5(f) and 7(1) of the Statute of the Tribunal.
16 JUDGE ROBINSON: How do you plead, guilty or not guilty?
17 THE ACCUSED: [Interpretation] Your Honour, not guilty.
18 THE REGISTRAR: Count 34 charges you with torture, a violation of
19 the laws or customs of war, as recognised by Article 3(1)(a) of the Geneva
20 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute
21 of the Tribunal.
22 JUDGE ROBINSON: How do you plead, guilty or not guilty?
23 THE ACCUSED: [Interpretation] Your Honour, not guilty.
24 THE REGISTRAR: Count 35 charges you with inhumane acts, a crime
25 against humanity, punishable under Article 5(i) and 7(1) of the Statute of
Page 63
1 the Tribunal.
2 JUDGE ROBINSON: How do you plead, guilty or not guilty?
3 THE ACCUSED: [Interpretation] Your Honour, not guilty.
4 THE REGISTRAR: Count 36 charges you with cruel treatment, a
5 violation of the laws or customs of war, as recognised by Articles 3(1)(a)
6 of the Geneva Conventions of 1949, punishable under Articles 3 and 7(1) of
7 the Statute of the Tribunal.
8 JUDGE ROBINSON: How do you plead, guilty or not guilty?
9 THE ACCUSED: [Interpretation] Your Honour, not guilty.
10 THE REGISTRAR: The second indictment, case number IT-95-4.
11 Paragraphs 23.2 to 23.4 relate to the beating, in July 1992, by the
12 accused and another person, of a detainee in the Omarska camp, which
13 subsequently led to his death.
14 Paragraph 23.2 charges you with wilful killing, a grave breach,
15 recognised by Articles 2(a) and 7(1) of the Statute of the Tribunal.
16 JUDGE ROBINSON: How do you plead, guilty or not guilty?
17 THE ACCUSED: [Interpretation] Your Honour, not guilty.
18 THE REGISTRAR: Paragraph 23.3 charges you with murder, a
19 violation of the laws or customs of war, recognised by Articles 3 and 7(1)
20 of the Statute of the Tribunal, and Article 3(1)(a) of the Geneva
21 Conventions.
22 JUDGE ROBINSON: How do you plead, guilty or not guilty?
23 THE ACCUSED: [Interpretation] Your Honour, not guilty.
24 THE REGISTRAR: Paragraph 23.4 charges you with murder, a crime
25 against humanity, recognised by Articles 5(a) and 7(1) of the Statute of
Page 64
1 the Tribunal.
2 JUDGE ROBINSON: How do you plead, guilty or not guilty?
3 THE ACCUSED: [Interpretation] Your Honour, not guilty.
4 THE REGISTRAR: Paragraphs 24.2 to 24.13 relate to the beating, on
5 or about 10 June 1992, by the accused and others, of four prisoners at the
6 Omarska camp.
7 Paragraph 24.2 charges you with wilfully causing serious injury to
8 body or health, a grave breach, recognised by Articles 2(c) and 7(1) of
9 the Statute of the Tribunal.
10 JUDGE ROBINSON: How do you plead, guilty or not guilty?
11 THE ACCUSED: [Interpretation] Your Honour, not guilty.
12 THE REGISTRAR: Paragraph 24.3 charges you with cruel treatment, a
13 violation of the laws or customs of war, recognised by Articles 3 and 7(1)
14 of the Statute of the Tribunal, and Article 3(1)(a) of the Geneva
15 Conventions.
16 JUDGE ROBINSON: How do you plead, guilty or not guilty?
17 THE ACCUSED: [Interpretation] Your Honour, not guilty.
18 THE REGISTRAR: Paragraph 24.5 charges you with wilfully causing
19 serious injury to body or health, a grave breach, recognised by Articles
20 2(c) and 7(1) of the Statute of the Tribunal.
21 JUDGE ROBINSON: How do you plead, guilty or not guilty?
22 THE ACCUSED: [Interpretation] Your Honour, not guilty.
23 THE REGISTRAR: Paragraph 24.6 charges you with cruel treatment, a
24 violation of the laws or customs of war, recognised by Articles 3 and 7(1)
25 of the Statute of the Tribunal, and Article 3(1)(a) of the Geneva
Page 65
1 Conventions.
2 JUDGE ROBINSON: How do you plead, guilty or not guilty?
3 THE ACCUSED: [Interpretation] Your Honour, not guilty.
4 THE REGISTRAR: Paragraph 24.7 charges you with inhumane acts, a
5 crime against humanity, recognised by Articles 5(i) and 7(1) of the
6 Statute of the Tribunal.
7 JUDGE ROBINSON: How do you plead, guilty or not guilty?
8 THE ACCUSED: [Interpretation] Your Honour, not guilty.
9 THE REGISTRAR: Paragraph 24.8 charges you with wilfully causing
10 serious injury to body or health, a grave breach, recognised by Articles
11 2(c) and 7(1) of the Statute of the Tribunal.
12 JUDGE ROBINSON: How do you plead, guilty or not guilty?
13 THE ACCUSED: [Interpretation] Your Honour, not guilty.
14 THE REGISTRAR: Paragraph 24.9 charges you with cruel treatment, a
15 violation of the laws or customs of war, recognised by Articles 3 and 7(1)
16 of the Statute of the Tribunal, and Article 3(1)(a) of the Geneva
17 Conventions.
18 JUDGE ROBINSON: How do you plead, guilty or not guilty?
19 THE ACCUSED: [Interpretation] Your Honour, not guilty.
20 THE REGISTRAR: Paragraph 24.10 charges you with inhumane acts, a
21 crime against humanity, recognised by Articles 5(i) and 7(1) of the
22 Statute of the Tribunal.
23 JUDGE ROBINSON: How do you plead, guilty or not guilty?
24 THE ACCUSED: [Interpretation] Your Honour, not guilty.
25 THE REGISTRAR: Paragraph 24.11 charges you with wilfully causing
Page 66
1 serious injury to body or health, a grave breach, recognised by Articles
2 2(c) and 7(1) of the Statute of the Tribunal.
3 JUDGE ROBINSON: How do you plead, guilty or not guilty?
4 THE ACCUSED: [Interpretation] Your Honour, not guilty.
5 THE REGISTRAR: Paragraph 24.12 charges you with cruel treatment,
6 a violation of the laws or customs of war, recognised by Articles 3 and
7 7(1) of the Statute of the Tribunal, and Article 3(1)(a) of the Geneva
8 Conventions.
9 JUDGE ROBINSON: How do you plead, guilty or not guilty?
10 THE ACCUSED: [Interpretation] Your Honour, not guilty.
11 THE REGISTRAR: Paragraph 24.13 charges you with inhumane acts, a
12 crime against humanity, recognised by Articles 5(i) and 7(1) of the
13 Statute of the Tribunal.
14 JUDGE ROBINSON: How do you plead, guilty or not guilty?
15 THE ACCUSED: [Interpretation] Your Honour, not guilty.
16 THE REGISTRAR: Paragraphs 31.2 to 31.4 relate to the beating and
17 abuse of detainees by the accused and others around the latter part of
18 June or first part of July 1992.
19 Paragraph 31.2 charges you with wilfully causing serious injury to
20 body or health, a grave breach, recognised by Articles 2(c) and 7(1), of
21 the Statute of the Tribunal.
22 JUDGE ROBINSON: How do you plead, guilty or not guilty?
23 THE ACCUSED: [Interpretation] Your Honour, not guilty.
24 THE REGISTRAR: Paragraph 31.3 charges you with cruel treatment, a
25 violation of the laws or customs of war, recognised by Articles 3 and 7(1)
Page 67
1 of the Statute of the Tribunal and Article 3(1)(a) of the Geneva
2 Conventions.
3 JUDGE ROBINSON: How do you plead, guilty or not guilty?
4 THE ACCUSED: [Interpretation] Your Honour, not guilty.
5 THE REGISTRAR: Paragraph 31.4 charges you with inhumane acts, a
6 crime against humanity, recognised by Articles 5(i) and 7(1) of the
7 Statute of the Tribunal.
8 JUDGE ROBINSON: How do you plead, guilty or not guilty?
9 THE ACCUSED: [Interpretation] Your Honour, not guilty.
10 JUDGE ROBINSON: That completes the reading of the charges and the
11 pleas.
12 You may sit, Mr. Knezevic.
13 THE ACCUSED: [Interpretation] Thank you.
14 JUDGE MAY: Just two other matters. The Prosecutor. Madam
15 Prosecutor, I want to raise with you the obligation you have to disclose
16 to the accused within 30 days --
17 MS. KORNER: Yes.
18 JUDGE ROBINSON: -- all material that accompanied the indictment
19 as well as prior statements.
20 MS. KORNER: Yes, Your Honour. Can I deal with the matter in this
21 way: As Your Honour knows, this accused is the link between what are at
22 present two separate trials -- or matters, rather, one involving a man
23 named Gruban, who I know Your Honour dealt with, I think, a couple of
24 weeks ago, and then Fustar and Banovic who are on the Keraterm
25 indictments.
Page 68
1 The situation in respect of supporting material for both cases
2 against this accused is that it will be ready to be handed over to the
3 counsel on the record who is going to represent this accused by the 5th of
4 June, which is the date for which arrangements have been made for Gruban
5 to receive the supporting material.
6 I understand that Defence counsel today will not be representing
7 this accused, and we're waiting to find out who is going to be put on the
8 record.
9 JUDGE ROBINSON: Well, as long as it is handed over to the counsel
10 on record, then, you will discharge your obligation.
11 MS. KORNER: Yes. But, Your Honour may I at this stage raise the
12 question of the indictments? Presently Your Honour, who is also dealing
13 with the case of Gruban and of Fustar and Banovic, has an application to
14 amend the Keraterm, if I can put it that way, indictment.
15 JUDGE ROBINSON: Yes. Yes, I have that.
16 MS. KORNER: In the light of the arrival of this accused, the
17 Prosecution will be making an application to join the two separate
18 indictments as one case. In those circumstances, what I'm going to ask
19 Your Honour to do is whether -- and if Your Honour would prefer this to be
20 done by written motion then of course we will do it, is to withdraw the
21 present application to amend, which Your Honour is seized of, in order to
22 provide a consolidated motion with an application to join the two
23 matters.
24 JUDGE ROBINSON: Well, of course I've heard the application, but I
25 would prefer if the application be made in writing.
Page 69
1 MS. KORNER: We certainly will. We'll do that, Your Honour.
2 JUDGE ROBINSON: Yes.
3 MS. KORNER: The other matter is we will be putting in a motion
4 for protective measures within the next week or so so that we can disclose
5 the supporting material without any kind of redactions.
6 Your Honour, may I mention also this: Your Honour, in the case of
7 Fustar and Banovic, made an order that the pre-trial brief should be
8 lodged by the end of next week. We can do it, and indeed we could
9 probably do it to include the evidence against this accused on that
10 indictment, but, Your Honour, in the light of what I've just said, can I
11 simply ask if Your Honour would vacate that date? Because it seems to be
12 more sensible that we sort out the question of the indictments before we
13 put in a pre-trial brief.
14 JUDGE ROBINSON: Yes. Yes. That would be -- that would make
15 sense, yes.
16 MS. KORNER: I'm very grateful. Unless there are any other
17 matters that I can assist Your Honour on, that's all.
18 JUDGE ROBINSON: Yes. Thank you very much.
19 Anything from Mr. Zecevic?
20 MR. ZECEVIC: Yes. Thank you, Your Honour. That is correct that
21 I am representing the client only on this initial appearance. Therefore,
22 it doesn't sound appropriate for me or I don't feel it appropriate for me
23 to take any position on the motions which my learned colleague has made
24 today. And I believe that Mr. Knezevic will design his defence or state
25 his will, who is going to represent him during the proceedings before this
Page 70
1 Tribunal, in a short time. Thank you, Your Honour.
2 JUDGE ROBINSON: Thank you very much. When the application has
3 been made, the accused, through his counsel, whoever is representing him
4 at that time, will have an opportunity to comment on it.
5 There is just one other matter that I have to deal with. That is
6 the fixing of a date for the Status Conference, which is required by
7 Rule 65 bis. We are required to convene within 120 days of this Initial
8 Appearance a Status Conference. I am going to fix the date of Friday, the
9 30th of August, which coincides with the date for Status Conferences in
10 relation to the other two accused. So that's Friday, the 30th of August.
11 Is there any other matter?
12 MR. ZECEVIC: No, Your Honour.
13 JUDGE ROBINSON: There being none, the hearing stands adjourned.
14 --- Whereupon the Initial Appearance adjourned
15 at 1.17 p.m.
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