Spain is Operating Way Beyond Democratic Legitimacy 351

In imprisoning Catalan leaders for peaceful campaigning for Independence, and in choosing both in rhetoric and in court to treat support for Independence as “sedition”, the Spanish government is acting way beyond the limits of a democratic society. It is ignoring the basic human rights of freedom of speech and freedom of assembly. It is also undertaking massive blocking of communication and censorship of the internet in a manner never seen before in a “Western” state.

To move now to suspend the democratically elected Catalan administration, which is explicitly offering dialogue as an alternative to UDI, is to escalate the crisis in an unreasonable fashion, in the true meaning of the word unreasonable. All of this is truly dreadful, without even mentioning the violence inflicted on voters taking part in the peaceful Independence referendum.

As regular readers know, the EU reaction to the peaceful movement for Catalan independence has caused me to rethink my entire position on that institution. The failure to condemn the violence and human rights abuse has been bad enough, but the EU has gone still further and offered unqualified support to Spain, with the Commission specifically declaring Spain has a right to use violence, and Juncker saying straight out that the EU opposes Catalan Independence.

What has become more clear to me is that the modern state is simply an engine to enable the elite to control and direct its economic resources to their own benefit, those economic resources including the people. Loss of resources to the ruling elite is therefore a catastrophe. A state is not a collaborative construct voluntarily formed for mutual convenience and protection by its people. If it were, then it would be a matter of indifference to the ruling elite which particular state units people choose to form, and how these morph and form.

The idea, endorsed by the EU, that a state is an economic construct of control, in which it is legitimate to constrain entire peoples by force against their will, is surely abhorrent. The EU is become simply a cartel of power, a club to promote the sectional interest of the controlling elites of European states.

Catalonia will have a few days to decide how to react to Spanish imposition of direct rule, as that has to go through legislative bodies in Madrid. Catalonia has very little capacity militarily to defend itself against Spain. But it is difficult to see how it can be serious about Independence if it makes no effort to that purpose. Some effort at physical, if non-lethal, resistance to Spanish takeover must surely be under discussion.

More importantly, however brief the lifespan of Independent Catalonia at this stage, it must during its existence delegitimise Spanish – by which I mean pre-Independence – institutions and specifically the courts. Within Catalonia, all officers of State, and particularly judges, prosecutors and law enforcement officers, must be suspended immediately from all duties. They should then be instantly administered an oath of loyalty to the Catalan state and a specific abjuring of loyalty to the Spanish state. Those who do not take the oath would remain suspended, and after a week become dismissed.

The alternative will be an undermining of the legitimacy of the Catalan state by its own courts, and the many corrupt pro-Madrid judges and prosecutors they contain. This will be used to counteract the Independence narrative internationally and domestically.

Spain and the EU are hiding behind “the rule of law”. The violence of the Guardia Civil was validated as enforcing the ruling of Francoist judges. The censorship of the internet, the imprisonment of dissidents, all is in accordance with the “rule of law” in Spain.

I dealt with imprisonment of political prisoners all round the world when I was in the FCO. Very few of them were extra-judicially detained. Uzbekistan’s 8,000 political prisoners have almost all been tried and condemned under Uzbek law. Alexander Solzhenitsyn, Ken Saro Wiwa, Nelson Mandela, Gandhi, all were imprisoned by judges. The “rule of law”, where it ignores human rights, is not enough. That is the line the EU, to its great shame, has crossed.

As a footnote, I am researching my biography of George Murray. In 1710, following the death of George’s eldest brother John with the British army at the Battle of Malplaquet, his next eldest brother William was summoned home from India. The first available vessel was bound for Barcelona. William spent some time there waiting for a ship in the middle of a war. The interesting point is that the family letters refer repeatedly to William being in Catalonia and events in Catalonia. The word Spain does not appear in the correspondence at all.

I mention this purely as illustrative – and one of many thousands of examples that might be given – that the Catalans are a people and have been acknowledged as such in Europe for centuries. The right of self-determination in Article 2 of the UN Charter is given not to geographic regions but exclusively to “Peoples”. The Catalans, like the Scots, undoubtedly qualify as a “People”, something the EU has still failed to address.

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351 thoughts on “Spain is Operating Way Beyond Democratic Legitimacy

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  • reel guid


    Harriet Harman was a guest speaker at the Scottish Parliament’s Festival of Politics to deliver a speech titled ‘A Woman’s Work’. I wasn’t in attendance. But I’m sure her speech made many good observations.

    But here’s another observation. She tweeted yesterday about her forthcoming speech with this sentence:

    “In pursuit of rekindling the spirit of sisterhood across the border”.

    So Harriet thinks that feminism is lying dormant in Scotland. And she thinks her arrival will be the thing to “rekindle” it. That’s one hell of an attitude.

    The Scottish Parliament has been one of Europe’s most progressive minded and pioneering legislatures since 1999. And that most definitely includes women’s issues and rights.

  • Dadi

    You are speaking of Catalonia and Spain without knowledge. Before you should inform yourself on how the actual Catalan government has approved a unconstitutional and illegal referendum law, violating not only the Spanish rules but their own Catalan Statute. If you approve that, then you approve antidemocratic procedures for achieving goals (independence, secession, or anything), pursed from narrow parliamentary majority, an electorate minority. Then they sell the image of eternal victims to people like you, well predisposed to trust.

    • Loony

      What you are reading here is a classic British view. Facts and knowledge are completely unimportant in the face of British moral superiority. It is exactly the same line of thinking that led to endless carnage in Iraq – although the people now promulgating their ignorant view of Spain are, for the most part, the very same people who are mortified by the consequences of policy toward Iraq.

      If you ask them then they will deny any responsibility for Iraq and they will never ever acknowledge that it is their mode of thinking that made all of these things possible in the first place. They are cultural anarchists and they care nothing about Spain, they care only about cossetting and protecting their own purity of thought. Think of other historical figures obsessed by purity of thought. Think of Pol Pot in Cambodia a man who killed roughly 30% of the Cambodian population. Try to recall that this regime was supported by the British.

      Whether you are Spanish or whether you consider yourself Catalan you will get nothing but pain and misery from the British. They are not your friends, and if they support you then you really should take that as evidence that your position is likely to be in dangerous error.

        • Ton Batalla

          No, they won’t. And you know why: Because the British have their own army. As history repeatedly shows, Spain is prone to wage war against their own, un-armed peoples. In fact, these are the ONLY wars they’ve ever won.

      • Resident Dissident

        I don’t like attributing a set of views to an entire population – but I certainly agree that there are British on both sides of most arguments who behave as you say. Usually best to listen to what the socialists and trade unionists in the country concerned are actually saying wherever it may be.

  • reel guid

    Politicians and political activists across Europe will have to decide if they favour the Catalans right to democratically choose or the Spanish establishment’s autocracy.

    This is a latter day Dreyfus Affair writ large for the whole of Europe and politicians will have to decide which side they come down on.

    You don’t have to favour Catalan independence to come down on the side of the Catalans right to self-determine and their right to have their autonomous democratic institutions left free.

    • Resident Dissident

      I think you are getting a little too excited, You seem to have a real difficulty in understanding that there are more than 2 possible perspectives on what is happening, this with us or against us nonsense really should stop.

      • reel guid

        Compromising, making allowances for others’ perpectives and doing pragmatic deals may be essential to everyday democratic politics. Once in a while though there comes an issue which is morally clear.

        Francoists suspending democracy in Catalonia on the spurious excuse of defending a Francoist imposed Spanish Constitution deserves no succour whatsoever from proper democrats. Madrid must negotiate instead of trashing democracy.

        Leaving aside the question of Catalan independence, democracy must be allowed to continue to flourish there and there can be no compromise on that.

        I mentioned the Dreyfus Affair from French history as an example of a profoundly moral question that caused a dichotomous dispute in French society. The Dreyfus supporters were in the right, no question.

        Catalonia has the right to autonomy free of Spanish government authoritarianism. And has the right to self-determine under UN principles irrespective of what a Francoist inspired and imposed constitution decreed 40 years ago.

        Whatever European political parties’ views are on the wisdom of Catalan independence, there is one thing all democrats should be totally opposed to and that is imposed direct rule from Madrid. It’s morally repugnant. Nevertheless, it appears that many British and European politicians are maintaining silence and some are approving of the Francoist power grab.

        There is no need for confrontation. The Catalan Government has been willing to talk. The Spanish Government hasn’t and clearly enthusiastically resorts to strongarm tactics. They can still eschew these tactics and get to the negotiating table.

        But yes, on the subject of undemocratically imposed direct rule, you are either with us or against us.

        Dreyfus Affair.

        • Resident Dissident

          You are becoming quite ridiculous e,g,

          “And has the right to self-determine under UN principles irrespective of what a Francoist inspired and imposed constitution decreed 40 years ago.”

          Do you understand that the Catalonia and also the Basque Country have been able to achieve a considerable amount of autonomy over the last 40 years under what you think is Spain’s “Francoist inspired and imposed constitution”. Things have moved on in Spain since Franco despite your attempts to paint anyone who takes a different view from yourself as a fascist collaborator.

          • reel guid

            Take a look at the news. Catalan’s “considerable amount of autonomy” is not looking too secure.

        • Paul

          The Spanish constitution was endorsed and ratified by a 95% majority of around two-third seats of the eligible voters in Catalonia back in 1978.

          This is a glaring and very inconvenient fact for those folks who want to vehemently pretend that everything the pro-independence forces do is good and that everything the pro-union forces do is bad.

          It’s also really inconvenient to the arguments dismissing the Central government’s actions, and the courts upholding the rule of law.

          Catalonia’s pro-independence forces are absolutely acting in an extra-judicial manner. What they’re doing is illegal and unconstitutional.

          It’s very important, therefore, for them to try and delegitimize the existing law and constitution.

          The fact that it was written by a committee that included pro-Catalan representatives and so overwhemingly ratified by the Catalan people themselves is ignored.

          So the real question is not about a “Francoist” government ruthlessly imposing its will (its worth noting that there are political parties on both the left and right on both sides of this issue, in Catalonia and in the rest of Spain) but about a people (who have a history of being part of a nation going back hundred of years, and who as recently as forty years ago absolutely and massively voted to be part of that nation) trying to determine whether or not they should leave that union- and whether or not they even have a right to do so.

          For all the talk outside of Spain of “right of self-determination”, we never hear any discussion of how completely the Catalans freely opted to be part of Spain.

          • reel guid

            In 1978 Catalonia was in the early stages of recovering from 40 years of Francoist oppression. Catalans shouldn’t be held to what their Madrid controlled politicians signed them up to decades ago.

  • JM

    Last week the Rajoy’s constitutional dogma got some favour from Putin, Trump, May, Merkel, and others in hours. In my humble opinion, bad times for Spain on the way.
    Respect the demilitarization of Catalonia, I think is a warranty right now. In the future, Catalonia is not to give up anymore to defence.
    Another point is the presence of Slovenia and Belgium in the matter. Germany and France could reflect in some degree through them. A fiery spanish reaction to Belgium PM contrasts to a light response to voices on Slovenia officials. And a soft Swiss reactions after Sigmar Gabriel’s statements on dialogue in combination with an increased levels of opinion in Slovenia.

    • freddy

      Israel “holds the Syrian regime responsible and won’t tolerate any attempt to breach Israeli sovereignty or threaten Israeli civilians’ safety,” it added.

      In its own statement, the Syrian military said it warned against “such aggressive acts and holds Israel fully responsible for the consequent results”.

      Israel captured the Golan in the 1967 Middle East War.

      So munitions fly from Syria into
      The Golan, which is held ( illegally) by Israel.
      Israel then assumes it has the right to destroy Syrian Government troops/emplacements.

      Yet Israel does not destroy an Islamic State enclave adjacent to the Israeli held Golan?

      Does this mean Israel favours Islamic State but un favours Syria?

  • Francisco

    Dear Mr. Murray, “…imprisoning Catalan leaders for peaceful campaigning for Independence…” This is not true, furthermore it indicates either a poor knowledge or a miserable intended lie. ANC and Omnium, which are the associations behind this and of which the imprisoned Mr. Jordi Sanchez and Mr. Jordi Cuixart are the presidents respectively, have been arranging demonstrations since many years ago and have never been charged or imprisoned before. Now is a completely different matter. They are not in temporal imprisoning for peaceful campaigning unless you understand the following as “peaceful” (see the pic’ links below):

    They even stole fire arms inside these “guardia civil” cars. Do that seems to you as “peaceful”?

    Let me give you some feedback on the context. Guardia Civil (a military oficial Spanish force founded in 1844 and one of the most respected institutions in Spain) went to register one official building following judge instructions and accompained by a court member. When inside, and following instructions of your beloved independents leaders, a crowd of thousands people surrounded the building, not allowing the Guardia Civil officials nor the court member to exit the building. Both leaders Jordi Sanchez and Jordi Cuixart were there (as no coincidence). Both, in a “funny” moment, were on top of one of those destroyed Guardia Civil official cars telling the crowds to dissolve (which they didn’t). What a joke, you assembled them, and then pretend that you are telling them to dissolve “peacefully” to appear well on TV media. As a practical result, the Guardia Civil only could leave the building the following day, because the local police “mossos d’esquadra” didn’t bother to help. Do you still want to support this? Really?

    Just as a matter of comparison I would suggest you to take a Boing 747 or an Airbus for the matter, and go to a country where there are not political prisoners, i.e. USA. Perhaps you should go to a beautiful city like Houston (in TX, death penalty is allowed). When there, if you see three black Chrevolet Escalade belonging to FBI, please go and destroy them, put all shit trash you can inside them, take some selfies of your actions to be uploaded to the Facebook or Instagram, and just as final heroic act, stole some M16 that could be inside the cars. Take some friends with a megaphone and allow them to jump on top of those Chevies and cheers the crowd of friends for the party to go high. If the fun is not enough, your party of friends could surround 15 federal agents and a judge not allowing them to move out of there. If by the end of that you are still alive, tell the world that this was a peaceful movement and that everybody else was breaking you rights of free speech and freedom of assembly. 😉

  • Agus Ramos

    Could you please explain the difference between the Scotland constitutional referendum and process followed for the Catalonia referendum? I will do this for you: Catalonia referendum was decided by the local Parliament (unlawful) without even allow a democratic debate with the opposition. Otherwise, Scotland’s referendum was done following the British constitutional process and approved by law.
    Another question to learn more about your lessons about democracy: Could you please explain the democratic legitimacy when the UK government takes control of the democratic institutions and take powers back in Northern Ireland?

    • Loony

      No,no, no you are wrong.

      Both Catalonia and Scotland are oppressed states. In Scotland there was a referendum on independence but it was voted down. It was voted down because the English fixed the entire thing with biased media reporting. Scotland also contains a lot of people who are stupid but who have the right to vote. These stupid people largely voted against independence and they did so because they are stupid. People like this for example

      As these people are likely to turn violent very quickly if you try to debate them then it is much easier to ignore them and turn your attention to Catalonia instead. No-one much cares if people there turn violent because they are a long way away from Scotland. In the unlikely event that disgruntled Spaniards/Catalans came looking for oppressed Scots then they will simply hide behind the kind of people featured in the video.

      …and thus you are acquire a winning ticket in the great lottery of moral purity. Should Spain descend into chaos then it will be my fault or maybe your fault. It will never be their fault: for they are the bourgeois clerks who bear no guilt

  • Leandre Massó Parés

    Europe ignored fascism that was born. He succeeded in Spain with the coup d’état of Franco dictator in 1936, with the subsequent war and repression in post-war, Europe did nothing. This led to the 2nd World War, but Europe left fascism in Spain. When the Franco dictator died, Franco was able to draft a constitution and to approve it in a context of fear, without democracy, the Spanish powers attributed articles contrary to human rights, but Spain was not in the European Union, nobody wanted to help , there was a lot of fear, for real effects, this turned the current Spanish constitution into a constitution granted by the factual powers of the time, and could not be modified anymore. When Spain asked to enter the European Union, it made it possible to modify some articles of the constitution, but not all, modified by the Spanish Parliament, without debate and without referendum. Spain accepted the international human rights law, but did not change any of the articles of the constitution that were opposed to it. At the moment the Spanish Parliament has modified the attributions of the Constitutional Court, putting this TC to the hierarchical principle of the judicial power, can this TC dictate legal ordinances, and encausar without right to the defense, all this without modifying the constitution. This removes the TC from its role as an arbitrator, therefore it can declare as illegal political content that, if at all, would be only unconstitutional. Of this the Parliament of Catalonia filed an appeal of unconstitutionality to the same TC, he did not accept the appeal. Now you have an eviction resource in the Supreme Court, waiting for the Supreme Court to decide before going to the Human Rights Court in Strasbourg. From here we have entered the current situation in Catalonia, the majority of people in Catalonia feel like in a Spanish concentration camp, like in a slave plantation that if we complain, they stick to us. The current Spanish Constitution and the Statute of Autonomy of Catalonia allow consultative referendums without limiting the type of question. The Spanish Constitution does not place any limits on its questioning; therefore it is modifiable; if it is not modified it is by political will of the majority Spanish parties that always have majority in the Spanish parliament
    This writing is originally written in the Catalan language, and translated into the English language by the translator of Google, will have linguistic and grammatical weaknesses; I hope that the context can be deduced. Thank you.

    • Resident Dissident

      Europe did not ignore fascism – many individuals went to fight against the nationalists in Spain even though not backed by their governments, and eventually in 1939 and 1941 their governments joined the fight.

    • Loony

      It is surprising to learn that people in Catalonia feel as though they are in a Spanish concentration camp or on a slave plantation.

      Here, courtesy of La Vanguardia, is a list of the richest and poorest municipalities in Spain.

      Do you see the names of a range of Catalan municipalities toward the top of the list? If you take a look at the poorest municipalities you will notice that there are fewer Catalan municipalities represented.

      It is a peculiar form of slavery that seems to disproportionately enrich the slaves at the expense of slave holders or to enrich inmates of concentration camps at the expense of the camp guards. Your argument is likely to be deeply offensive to both the descendants of slaves and to relatives of victims of concentration camps. I am very certain that their experiences were in stark contrast to those of the average present day citizen of Catalonia.

  • Ken Bell

    The question really is not whether Catalonia has the right to declare independence, but whether she is willing to defend any such declaration. If she is, and if Spain can be worn down in the ensuing war of independence, then Catalonia will be independent. If the young men of Catalonia are not willing to fight then she won’t and that is all there is to it.

    I don’t know what plans have been made to turn Barcelona into Baghdad, circa 2005, but unless those plans are well advanced then the Madrid government will send its army and police into Catalonia sometime soon and everyone can then forget about independence.

    • Resident Dissident

      You probably need to calm down – just a guess but this will not need to be resolved by a war.

      • Republicofscotland

        “but this will not need to be resolved by a war.”


        Do you foresee Spain backing down? I doubt very much the Catalan’s will.

        Quite a few nations had no choice, but war, to gain their independence.

        Still Catalan’s would need to resort to guerilla warfare, until either the UN or the EU stepped in to arbitrate.

        • Resident Dissident

          I used to spend a bit of time in Catalonia when my parents lived there – my experience is that most Catalans and Castilians are rather more sensible than yourself and there is no need for a latter day International Brigade (Nationalists International?) to start organising quite yet.

          • Republicofscotland

            “I used to spend a bit of time in Catalonia when my parents lived there”

            Again really?

            Your comment on the matter, certainly don’t show it.

          • Dave Lawton

            “I used to spend a bit of time in Catalonia when my parents lived there”
            You remember the secret police then and the smell of fear?
            genetic memories last for generations.

        • Martinned

          Do you foresee Spain backing down? I doubt very much the Catalan’s will.

          Of the 40% of Catalans who want independence, I’d be very surprised if more than 10% wanted it even at the cost of a shooting war. Given the general pacifism in Western Europe (us middle class types don’t mind war, as long as it’s not here and as long as we don’t have to fight it), I’d say the burden of proof is very much on you if you think a substantial share of Catalans would take up arms to defend their newly minted country against the Castilians.

      • Ken Bell

        You are right, largely because I think the Catalans are not up for it and will fold.

        My sons are all Anglo-Mexicans and I asked them what they thought of this nonsense. The consensus is that it is all piss and wind, and the evidence for that was that nobody was actually doing very much. One pointed out that people went and demonstrated in front of the hotels where the federales were being barracked instead of burning them down with the cops still inside. Another reminded me that in Guatemala when they try to raise the bus fares half of Guatemala City gets burned down. Then we had the Gasolinazo earlier this year when the Mexican government tried to raise the price of petrol and the very serious riots probably cost them more than the money they hope to raise from the price hike.

        So, given that barricades are not being built in Barcelona and young men are not training with newly shipped in AK74 rifles, I think it is safe to assume that once the federal forces move in, apart from a few minor demos, it will all fall apart.

  • Republicofscotland

    Well, I had to laugh the other day, at Barack Obama and George W. Bush veiled attack on current POTUS Donald Trump.

    Trump is of course a chauvinist, racist neoliberalist shit. However Obama was the POTUS, longest at war in US history, and what do we need to say about George W. Bush, other than the Iraq war and 9/11.

    Teapot and kettle springs to mind.

    • Kerry Kerrigan

      Bush W really fucked it up for all of us. Prior to 9-11, we were sorta cool headed. How we didn’t see that coming is beyond me. When the hell are we gonna give up war, FFS?

  • Ironic

    Me parece totalmente legítimo el hecho de poder subirse a los vehículos oficiales de seguridad ciudadana para exaltar a las masas la expulsión de esos policías que hacen cumplir las leyes en el ejercicio de sus funciones y no ser condenado por ello, mañana mismo deberíamos poder incluso faltar el respeto y alterar el orden público a cualquier institución nacional que vaya en contra de nuestros ideales políticos sin previa solicitud, la legitimidad de los hechos nos la pasamos por el forro de los cuyons.

    • Kerry Kerrigan

      Siendo tu parrafo ironico tal como lo has denomindo, te respondo con ironia: igrnora las circunstancias que te rodean. Vete a tu asuntos, tus compras cotidianas, el cafe en el bar, etcetera. Y a tomar por saco lo que dicten los jjpp de politicos. Tranqui, tio. Que no habra guerra. Un abrazo.

  • rafael

    And who says this is someone defending Gib,
    and the most corrupted country in earth who killed its own Princess? A country that still doesn’t give back pieces like “The Parthenon” to their owners? A country holding one of the most dangerous cities in the world sochey eather to move to peaceful Spain? A country that is regecting citizenships to Europeans not born in these islands? A country that is giving hard time to Ireland and have in Belfast the most bombed hotel in the planet? A country that created South Africa and kept the racism alive till late dates in the last century is concern about violence and human rights? A county that killed innocent Jean Charles da Silva e de Menezes is talking about Guardia Civil?
    Only someone with a brainwashed from the Uk cannot see outside the box or is not willing to. Just Murray, are as offensive as radical! You better should do a bigger effort to improve your own country and try to make Britain Great at some point because it has never been!

    • Dave Lawton

      “And who says this is someone defending Gib”
      Calling the kettle black are we. We are aware of our colonial past are you?

  • David Alonso Gimenez

    A spoken or written account of connected events… What I see here is a clash of two opposite narratives. If you believe Catalonia is not a nation anymore. It was, of course, in the past, but Romans were also a great empire. Therefore, it you believe Catalonia, in its own peculiarities, is nothing but another region of Spain, then, the actions undertaken by the Catalan government and parliament, elected by people, threaten the territorial integrity of a democratic state and go against Spanish constitutional law, and all Catalans, with no exceptions, involved in those actions should be prosecuted. However, Craig Murray in his post defends an alternative narrative: “Catalans are a people and have been acknowledged as such in Europe for centuries. The Catalans, like the Scots, undoubtedly qualify as a People”. Therefore, they have the right of self-determination. Truth is out there. We cannot achieve full knowledge of the truth, but two narratives of the same truth cannot be that opposed. One of the two stories is probably misleading or mistaken. If you live in Catalonia as well as if you live in other parts of current Spain or, as Junker, in Europe, is totally right to believe in and defend Spanish territorial integrity. What is not right is to back those who are going to impose Spanish unity by force. In order for Spain to impose direct rule on Catalonia, Spain will probably have to use again brutal force against Catalan people. Is it not brutal to put Catalans in jail just because they defend the right of self-determination for Catalonia, just because they believe in the independence of Catalonia as the optimal way to contribute to a better Europe? Could this ever happen in UK with the Scots?

  • Garrett Connelly

    Very well written. Even so, emphasis on law and justice as two separate concepts is needed. There have been many laws written with no connection to justice.

    A nation of laws is a totalitarian state serving avarice when laws have no justice content.

    The Nuremberg principals following the second world war require resistance when laws are themselves crimes against peace and crimes against humanity.

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