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Posted
For any lawyers or other knowledgeable folks.

Are all court cases in Thailand eligible for appeal? Are all convicted persons granted bail during appellate process?

My undersatnding of the appeals process, is that only those convicted who can show an irregularity or mis-application of law in the initial trial may be granted an appeal. Otherwise you have a case of just rehashing everything, tying up the docket, until you get the result you seek. Additionally, those with medical maladies are generally sent to the medical wing of the prison, are they not?

Can anyone provide any illumination beyond TiT?

The prisons are loaded with HIV positive convicts and whatever disease you can come up with, you don't see them walking about do you? Freedom for these three stooges is a repeat of a never ending cycle, no real harsh consequences for big wigs. Face my a55. Screw up a country's election and do 3 days in the slammer, get arrested with a joint and see how long you get to stay.

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Posted
Criminal Court asked police to trace those post criticism against court on Web boards

The Criminal Court has asked the Crime Suppression Division to trace the identities of those who had posted strong criticisms against the court on Web boards.

Than Boonyatulanon, secretary to the Criminal Court chief justice, said he asked CSD commander Pol Maj Gen Winai Thongsong to trace the IP addresses and find who were the ones who post the comments against the court after the court found the three election commissions guilty.

The Nation

if thats the case they better get busy building new jails on every street corner as the'll all be full with punters. :D

but i suppose it wont be that bad in there as you'll get a nice telli , restaurant meals , 5 phone calls a day and your mates can park there car outside your cell. :D

top bit is, when you've had a enough of all the luxuries and want to have a nice walk around you just tell the boss you got a little headache and your going to get booked into the oriental hotel for some nice pain relief. :D

i freaking love los as they got it all sorted. :D:o:D

Posted

General Prem Tinsulanonda speaks well and shows the way forward ! :o

General Prem hits out at unethical leaders

Unethical leaders should have no place in Thailand, Privy Council president General Prem Tinsulanonda said.

During a special lecture given to 350 naval cadets and some high-ranking navy officers at the Navy Academy in Samut Prakan earlier today, Gen Prem said it is important for leaders of the country to have ethics and morality.

``Only good people have ethics and morality while bad people don't have. People who work in public offices or those who are commanders and leaders, in particular, must embrace ethics and morality otherwise things will collapse. There will be corruption, favouritism, nepotism and greed if leaders lack ethics and morality.

``Individuals who have no ethics are bad people with depraved morals. They may want to live comfortably with a lot of money. But if they acquire wealth through illegal means or unethical ways, they should no longer deserve to stay in the country,'' said Gen Prem, a former prime minister.

He also reminded the navy officers that they ``belonged to'' His Majesty the King and the country, and not the government. He said their foremost loyalty should always be to the country and the King.

``In my lecture to army cadets two weeks ago, I told them about who owned soldiers. This time, I have to make it clear again that we soldiers belong to the country and His Majesty the King. A government supervises soldiers in compliance with the policy declared to parliament only,'' said Gen Prem, adding that the government he referred to was ``a common noun'' which meant any government in particular

Posted

I don't think they are gagged - anytime they want a press-conference hundreds will turn up. "Gagged, not punished" doesn't make sense - they are not held incommunicado. I personally think they are held to MAKE them talk, not to gag them, that's one theory.

Fantasy umbrella of Constitutional reform? What's that? Does it mean reform that is supposed to take place after the next elections? How is it related to today's news?

plus, im taking his post this way and i could be wrong but consider this :

A . " GAGGED " = not in the true sense of the word but his meaning being,

to be seen to say the right things that will not cause anyone to lose face and by doing this, saving themselves alot more drama in the process and possibly get themselves out of jail more quickly.

ie. a deal has been done through a third party.

B. " fantasy umbrella of constitutional reform"

im taking that as he means reform after the next election, but his words are related to people within goverment and the average thai who are calling for this to happen.

its a bit off a piss take as he and many others think this will never really happen considering how thai politics work.

C. " how is this related to todays post"

considering that this thread is political in nature he has just thrown that into his post which is still well within the scope of this topic.

im not a mind reader so i could be way of the mark but i think im close to this fellows thoughts.

maybe the author could step up and clarify this for us.

Congratulations terry57, you figured it out quite closely, good on you..:o

Posted
Criminal Court asked police to trace those post criticism against court on Web boards

The Criminal Court has asked the Crime Suppression Division to trace the identities of those who had posted strong criticisms against the court on Web boards.

Than Boonyatulanon, secretary to the Criminal Court chief justice, said he asked CSD commander Pol Maj Gen Winai Thongsong to trace the IP addresses and find who were the ones who post the comments against the court after the court found the three election commissions guilty.

The Nation

I've been telling people on this board for a long while now that the Government has been spidering websites and collecting information since the election call at the first of the year. For the Criminal Court to actually come out and ask the the Crime Suppression Unit, publicly, to do this should have you all thinking. Is Thailand actually headed in a new democratic direction or being pushed back wards into the past. Posting our comments, as we do here, pro or con should be a right of a democratic society. It worries me that the Court would now try to gag and finger the populace over something as criticizing the ruling of a court in a democracy. This should have all of you, "we have the right to protest" people absolutely outraged, you may be next. You may loose that right in the new Thailand. Part of the bail approval was that the the EC supporters would not protest.

This reminds me of the famous words by Martin Niemoller.

"Then they came for me, and by that time, no one was left to speak up."

Posted

Former Election Commission member Gothom Arya denies he has been asked to return to the poll agency

Former Election Commission (EC) member Gothom Arya (โคทม อารียา) denies he has been asked to return to the poll agency.

There have been calls for Mr. Gothom and four other ex-commissioners to help supervise the forthcoming general election if the new EC can not be nominated in time to organize the October poll.

Mr. Gothom was in the first EC appointed after the constitution was in force in 1997.

Mr. Gothom said members of the first EC have their own things to do now so he could not say if any would make a comeback. He himself is chairman of the National Economic and Social Advisory Council and Mahidol University’s Peace Development and Education Centre.

Source: Thai National News Bureau Public Relations Department - 29 July 2006

Posted

Criminal Court asked police to trace those post criticism against court on Web boards

The Criminal Court has asked the Crime Suppression Division to trace the identities of those who had posted strong criticisms against the court on Web boards.

Than Boonyatulanon, secretary to the Criminal Court chief justice, said he asked CSD commander Pol Maj Gen Winai Thongsong to trace the IP addresses and find who were the ones who post the comments against the court after the court found the three election commissions guilty.

The Nation

I've been telling people on this board for a long while now that the Government has been spidering websites and collecting information since the election call at the first of the year. For the Criminal Court to actually come out and ask the the Crime Suppression Unit, publicly, to do this should have you all thinking. Is Thailand actually headed in a new democratic direction or being pushed back wards into the past. Posting our comments, as we do here, pro or con should be a right of a democratic society. It worries me that the Court would now try to gag and finger the populace over something as criticizing the ruling of a court in a democracy. This should have all of you, "we have the right to protest" people absolutely outraged, you may be next. You may loose that right in the new Thailand. Part of the bail approval was that the the EC supporters would not protest.

This reminds me of the famous words by Martin Niemoller.

"Then they came for me, and by that time, no one was left to speak up."

This is a bit of a tricky one. I am not sure if they are saying court in the singular or plural. It is obvious that Thaksin as seen to the installation of bias judges. So simply the argument on both sides could be valid. The courts are fair and honest vs the courts are corrupt. Apparently it depends on the plural or singular usage. That however may be English, does Thai have plurals? It would be fair to say that unless the remarks were directed at a particular judge it would be difficult to argue.

I agree that the protests should be allowed pro or con, however you must think of the bail conditions as an ‘agreement’ between the court and the convicted. We need to see this as a contract between the two, so our opinions are irrelevant.

If that is the condition then they should be back in jail soon because they have been stripped of all power and have no control over the actions of others. It is like agreeing to control the weather.

Posted

NESAC wants an independent panel set up to supervise the election and constitutional amendments

The National Economic and Social Advisory Council (NESAC) may ask the government to set up an independent panel responsible for the election and constitutional amendments.

NESAC chairman Gothom Arya (โคทม อารียา) said that idea came from several meetings between the council and groups representing several sectors in the country.

Mr. Gothom said NESAC may ask the government to appoint such a committee with a working team of the council acting as its secretary.

NESAC members are visiting various provinces to hear from people their opinions about political reform, he said.

Source: Thai National News Bureau Public Relations Department - 29 July 2006

Posted

Any word on whether Chuwit dropped off any fried rice and ice coffee today? :D

post-27080-1154013003.jpeg

Wednesday July 26, 2006

The jail official said the trio must get up at 6am this morning to exercise and answer roll call just like all other inmates. Their families were allowed to bring them meals for their first breakfast in jail.

If they were not released on bail within seven days, the prison may consider sending them separately to different jail zones.

A source said they were treated to dinner yesterday prepared by Chuan Chom, a restaurant run by the department.

Earlier, deputy Chart Thai party leader Chuwit Kamolvisit paid the trio a visit at the Criminal Court, bringing along fried rice and iced coffee for them.

Mr Chuwit, who was greeted with loud boos from the trio's sympathisers, said he wanted to give the trio his moral support.

Wasn't this man the former Massage King ???? Maybe he brought them a Bag lunch........

Three old bags

:o:D

and just to continue showing that all prisoners are treated equally.... this from the Nation today.

EC PRISONERS

Jailed trio get special privileges NNnnnnnoooooooo

Still no bail, but guilty trio allowed better quarters, television and mobile phones

The three former election commissioners yesterday failed in their attempt to be moved to "better" quarters after suffering three days in prison, a source said.

"They had asked to go to a new detention centre," the source said. [On the French Riveria the source didn't say}

Vasana Puemlarp, Prinya Nakchudtree and Virachai Naewboonnien are reportedly feeling stressed since the Criminal, Appeals and Supreme courts all denied them bail out of fear they could cause more trouble and obstruct judicial proceedings.

They were reportedly still locked up in Bangkok Remand Prison as of last night.

The Criminal Court on Tuesday convicted the trio of mishandling the April 2 election and sentenced them to four years behind bars. The three then resigned.

Natthee Jitsawang, director-general of the Corrections Department, said he was considering moving the former election watchdogs to nearby Bang Khen Detention Centre, located in the Police Club compound.

Since Tuesday, many EC supporters had come to visit and spend the night in the compact area in front of the prison, making it difficult for guards to control the crowd, he said.

The three former commissioners were given special privileges, such as a private room with a television and the chance to make five phone calls, he said.

The source believes that if the three ousted commissioners were transferred to the other facility, they would feel relieved and more comfortable as they would be kept out of the eyes of the media. But that could also raise doubts about whether they were under detention or free to walk around the compound.

As the detention centre is run jointly by the police and the Corrections Department, Vasana, as a retired senior police officer, along with his cohorts Prinya and Virachai, would likely receive better treatment than they got in the prison, the source said.

Their new cells would be renovated to welcome the newcomers, the source said

Despite prison rules banning the use of mobile phones, the three men took theirs with them into prison, the source said.

Piyanuch Tamnukasetchai

The Nation

Yeah I can see it .... Just like all the other prisoners :D

yes, if i keep laughing any longer i'll end up in hospital connected to a heart and lung machine.

:D:D

Heart and lung machine just may be a waste of a good chip. All you would need use is the "Allergy " Chip....

I hope we can now see prisoners from jails all over Thailand filing for a Bail hearing, based on their being allergic to Jail.

Is hemmoroids and allergy. The 3 EC'er could have used this one , as I'm sure they all had this malady from sitting around on the Azz all day doing nothing GOOD

Allergies my Azz

:D:D

Posted

Can't wait till October when TRT, with the support of the vast majority of Thais will win the election even with a whole new bunch of electoral commissioners in place. Thailand is more than Bangkok!

The entire opposition (and I'm not just talking about the Democrats and other political parties) have nothing better to offer and they know it. They just want a bigger cut of the pie.

Posted
Can't wait till October when TRT, with the support of the vast majority of Thais will win the election even with a whole new bunch of electoral commissioners in place. Thailand is more than Bangkok!

And the corruption goes far beyond the EC.

You can't wait eh? I suppose you're looking forward to Thailand becoming the new Singapore (but without the money). The new Myanmar, maybe? They don't waste their time with this election bullshit over there. You'd love it.

Me, I'm looking forward to seeing Pol. Lt-colonel Thaksin resplendent in a freshly starched uniform and big shiny jackboots, and to a free copy of 'The New Light of Myanmar' every morning. Can't wait for that.

Posted
Can't wait till October when TRT, with the support of the vast majority of Thais will win the election even with a whole new bunch of electoral commissioners in place. Thailand is more than Bangkok!

The entire opposition (and I'm not just talking about the Democrats and other political parties) have nothing better to offer and they know it. They just want a bigger cut of the pie.

Ned, I agree with you to a point. They are not the answer, but they are a step in the right direction. There needs to be some hard laws that have significant penalties to get rid of corruption. First the thinking now is if “I can get away with it I will do it.” The threshold of what they think they can get away with must be lowered significantly. I have said it before it will take some brave people to put the laws in place, and make the laws untouchable for change without royal approval. They need to be on a short leash for now.

Posted
Can't wait till October when TRT, with the support of the vast majority of Thais will win the election even with a whole new bunch of electoral commissioners in place. Thailand is more than Bangkok!

And the corruption goes far beyond the EC.

You can't wait eh? I suppose you're looking forward to Thailand becoming the new Singapore (but without the money). The new Myanmar, maybe? They don't waste their time with this election bullshit over there. You'd love it.

Me, I'm looking forward to seeing Pol. Lt-colonel Thaksin resplendent in a freshly starched uniform and big shiny jackboots, and to a free copy of 'The New Light of Myanmar' every morning. Can't wait for that.

Yea and maybe if Ned likes it so much, he can be the token falang lackey and shine those jackboots. All bent over spitshining those boots, job won't pay much but the tips are big....... and plentiful.

:o

Posted (edited)

Chuwit must be careful if he visits Singapore. You can get fined for dropping or even doing Chuwit. Chuwit must not be deposited on the floor!

Edited by Hermano Lobo
Posted

Contempt of Court is an offence in Thailand, it's not covered by freedom of speach. Try posting something obviously unlawful here, and Pantip is a lot bigger board with thousands of peole logged on at all times.

We don't know what exactly the offending messages were, perhaps they crossed the line.

When the decisions went Thaksin's way his opponents had to pulicly acknowledge the results, btw.

>>>

Re. "gagged" - I can't make heads or tails of who gagged who and for what reasons. Did Thaksin gag the EC? Probably yes. Did courts gag the EC? Why? Do the commissioners have some information damaging to the courts?

Now that they are released on bail they are really gagged as they can't make any public comments on their case or their jobs. I believe it's the usual practice.

Posted

Can't wait till October when TRT, with the support of the vast majority of Thais will win the election even with a whole new bunch of electoral commissioners in place. Thailand is more than Bangkok!

The entire opposition (and I'm not just talking about the Democrats and other political parties) have nothing better to offer and they know it. They just want a bigger cut of the pie.

Ned, I agree with you to a point. They are not the answer, but they are a step in the right direction. There needs to be some hard laws that have significant penalties to get rid of corruption. First the thinking now is if “I can get away with it I will do it.” The threshold of what they think they can get away with must be lowered significantly. I have said it before it will take some brave people to put the laws in place, and make the laws untouchable for change without royal approval. They need to be on a short leash for now.

got a good point there mate,

but it just would not be the same old los if they done what you say.

besides that the country would be broke as they'd have to spend all there coin on new jails like and they'd be chock a block full with politicians . :D

be no room left for the good old common murder. :o

cheers :D:D

Posted

I doubt the EC commissioners will ever see the inside of a jail again, how many courts can they appeal to, two or three?

If one believes in their 'chronic diseases' story they will have passed on well before the final verdict.

In Thai culture people with power or connections never go to jail, look at General Sujinda, still walking the streets today, and he's not free because he passed a law absolving the junta from any crimes, he's free because of the culture of compromise between those with power.

But as Thaksin doesn't seem to go for compromises, the ending could be distinctly different.

Posted
Chuwit must be careful if he visits Singapore. You can get fined for dropping or even doing Chuwit. Chuwit must not be deposited on the floor!

nice one lobo, 10 points to you old son for having a bleeding good sense of humour. :o

Posted
I doubt the EC commissioners will ever see the inside of a jail again, how many courts can they appeal to, two or three?

If one believes in their 'chronic diseases' story they will have passed on well before the final verdict.

In Thai culture people with power or connections never go to jail, look at General Sujinda, still walking the streets today, and he's not free because he passed a law absolving the junta from any crimes, he's free because of the culture of compromise between those with power.

But as Thaksin doesn't seem to go for compromises, the ending could be distinctly different.

"quote" " in thai culture people with power or connections never go to jail "

well thats what ive been saying from the start of this thread and my good self even bet a keg on it.

i was proved to be right and your top self is also guilty of being in possession of brain matter thats cranking in the right direction.

good on you cobber and more power to your good self. :o

Posted

Hey Gonzo, who says "I like it so much?!" What i said was I can't wait for an election to put the 'it's about time we the anti Thaksin mob got a cut of the loot too' opposition in its place. The democratic process has to start somewhere and a thrashing at the polls might actually get the opposition to unite and organise itself into a credible party with policies to take to the masses in four or five years time(fat chance I know. )...perhaps things like addressing the urban/rural divide and the sickening disparity in wealth for example. Then you've got the mountain of human and legal rights to tackle. Not in our lifetimes I know but even I can be idealistic at times.

Posted (edited)
Contempt of Court is an offence in Thailand......

yeah, that's a fact !

Police seek public health for identifying 16 persons suspected of contempt of court

Police Saturday urged members of the public to provide tips on identification of 16 persons seen on TVs of making comments deemed contempt of court.

Pol Lt Col Surajit Plianprasert of Phahol Yothin police station, admitted that police so far did not know the identity of the 16 persons.

"So, we would like to call on those who know these people are to inform us or inform the Office of the Secretary of the Criminal Court," Surajit said.

The Nation

July 30, 2006 : Last updated 03:37 pm (Thai local time)

and oops - Chuwit wasn't THAT carefull ! :D

Chuwit must be careful ....[/i]
P.s. I thought Chuwits touch was a classic and very ironic, brilliant and hilarious !!!!!!!!!!!!!!!!!!!!!!!!

marshbags

260706_new06.jpg

Chart Thai Party deputy leader Chuwit Kamol visit brought fried rice and iced coffee to the three commissioners, who spent last night in jail after the Appeals Court refused them bail. What a great character he is. :D :D

Earlier, deputy Chart Thai party leader Chuwit Kamolvisit paid the trio a visit at the Criminal Court, bringing along fried rice and iced coffee for them.

Mr Chuwit, who was greeted with loud boos from the trio's sympathisers, said he wanted to give the trio his moral support although some of their supporters felt he came just to ''rub it in''. :D

BP

now "great character" is called to answer for his action ! :D:o

Chuwit, Thai Rak Thai lawyer summoned by Criminal Court

The Criminal Court Friday issued an order for former Chat Thai MP Chuwit Kamolvisit and a lawyer of Thai Rak Thai Party to be questioned regarding to their actions deemed as contempt of court.

Criminal Court chief justice Amnuay Thantara said Chuwit would be questioned why he had acted in a way that led to turmoil inside the court's compound.

Amnuay said the fact that Chuwit carried foods and drinks for the former EC commissioners after they got jail sentence, led to a quarrel with the EC supporters and caused turmoil in the court's compound.

Amnuay said Thana Benjathikul, a lawyer of Thai Rak Thai leader Thaksin Shinawatra, had strongly criticised the verdict against the EC and criticised the court's decision to deny bail against the former commissioners.

Amnuay said Thana would be questioned as to whether he had seen the verdict and the court's order.

The Nation

so, better to watch out what we post here ! :D

Edited by aaaaaa
Posted
Yep, and now the bunch is back out on bail..... thought bail was ruled out - who intervened?

Just wondering...

its that 3'rd party i was refering to in my previous post.

but we got to be real carefull about pointing the finger as the jack boot boys will be headed our way.

bleeding joke in'it.

whats happened to democracy, free speech and all the other rights that john suppost to entitled to.

starting to feel like communist <deleted> china. :o

Posted
Yep, and now the bunch is back out on bail..... thought bail was ruled out - who intervened?

Just wondering...

In a sense no one intervened, which was the reason they were granted bail. It was the intervention of the Supreme Court which denied bail in the first place. By Friday they had everything they wanted, the Election Commissioners had resigned, and the Court had made their point about what happens when people ignore their "advise".

It's un-presidented for bail to be refused where the plaintiff is not from the Office of the Attorney General. In fact it was the OAG which acted for the defence...

Posted (edited)

Is that part of the Finland plan?

It will be hard for the courts to say that a kind hearted gesture of food and drink is contempt of court. Did the court say he could not bring food and drink? Does he have control over others free choice of how to act?

Edited by John K
Posted

The Criminal Court is well aware of Chuwit's past, and the fact that the Election Commission was responsible for Chuwit being forced out of Parliament because he knowingly was not eligable under the 90 day rule, likewise the EC was the agency which forced Chuwit to pay back all Salary and expenses he had accepted since becoming a MP. And finally the EC was responsible for stopping Chuwit from registering for the Senate election as he was not qualified due to his recent membership of the Chart Thai Party.

Posted

Ned said, in post #182:

"What I said was I can't wait for an election to put the "it's about time we the anti Thaksin mob got a cut of the loot too" opposition in its place.

The democratic process has to start somewhere and a thrashing at the polls might actually get the opposition to unite and organise itself into a credible party with policies to take to the masses in four or five years time(fat chance I know. )...perhaps things like addressing the urban/rural divide and the sickening disparity in wealth for example.

Then you've got the mountain of human and legal rights to tackle.

Not in our lifetimes I know but even I can be idealistic at times."

I think that he is right that the Opposition parties have not yet made any headway.

Nor are they showing any signs of 'getting their policies act together'.

It is from Professor Chatthip Nartsupha's book "The Thai Village Economy In The Past", and from my own observations of village life, that I see how there is a view of the Bangkok bureaucrats and the Bangkok middle-class that will not be overcome without a lot of hard political slog at the 'grassroots' level.

The plain fact is that, for hundreds of years, those who came out from Bangkok to the villages did so to collect, from the villagers, forest produce or money as taxation; and the villagers got nothing back in return. They also knew that these collectors on behalf of the State siphoned a lot off into their own pockets.

I will quote two pieces from the concluding pages of that classic book:

"State and capitalism did not come to develop the village, only to extract benefit from the villagers......Many believe that villagers were happy to enter into capitalism but the reality was the opposite. The villagers' resistance shows that they were conscious that state and capitalism were foreign and unnatural. They were not happy to cooperate."

"In reality, state, capitalism, and village exist in the same Thai society, in the same system, and must depend on one another. Allowing one part to decline, while others prosper by exploiting the part in decline, will not generate true prosperity, will not create stability in Thai society, and will not make the Thai people content."

So don't be surprised when TRT wins the majority of the seats in Parliament.

To people who have little knowledge of the sophistications of politics (and how will they get it, as long as Bangkok sucks away all their bright young people?), the very fact that Thaksin has 'got up the noses' of that lot down in Bangkok, who would like to have the power, shows that he must be doing something right.

And it won't sway any votes to bleat "But Thaksin was naughty---he lined his own pockets". They all do, don't they?

And since it was not at the villagers' expense, it must have been at the expense of "Them"; so there may even be a bit of sneaking admiration for the Northern upstart's competence at beating "Them" at their own game!

There is a lot of hard work that needs to be done, and it will take a long time, to build up the mutual understanding and respect between urban Thailand and rural Thailand that is needed to bridge the gap between them.

At least Thaksin has made a start.

But, at the end of that building up of mutual understanding, the exploiters won't be able to be so exploitive; so it's hardly surprising they are miffed, is it?

Posted

There is no greater disparity in wealth than that between Thaksin, Suriya, Pongsak, the business leaders of TRT and the poor of Thailand.

Why do the poor love him?

Because he offers loans with no questions asked, paid for by the taxpayers of Thailand.

Has he ever mentioned the income divide? Education?( except for gimmicky one district one scholarship campaigns).

The 30 baht scheme is the only policy to have really helped the poor but the service is dreadful.

Thaksin's relentlessly milked Thailand, changed laws, censored TV, all for his own benefit but the poor can't see it.

Why do you think half of the 23 founders of TRT have left?

Because of disgust with Thaksin. They hoped for a new era but they realised they were helping the rape of a country.

I apologise for my strong words but many feel the same.

General Prem never used to speak so direct, but everyone knew who he was referring to in his speech a few days ago telling the Navy not to respect a man who made his wealth through cheating.

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