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TITLE: SLOVAK REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
SLOVAK REPUBLIC
The Slovak Republic became an independent state in 1993,
following the dissolution of the Czech and Slovak Federal
Republic (CSFR). Its Constitution provides for a multiparty,
multiethnic parliamentary democracy. Slovakia chose to carry
over the entire body of CSFR domestic legislation and
international treaty obligations, which gradually are being
renewed or updated.
In March President Michal Kovac dismissed the government headed
by Vladimir Meciar, chairman of the Movement for a Democratic
Slovakia (HZDS), following a parliamentary vote of no
confidence. Pending early parliamentary elections on
September 30/October 1, a coalition government headed by Jozef
Moravcik, leader of the Democratic Union of Slovakia (DU), held
office. In the elections, the HZDS obtained a plurality of 40
percent of the parliamentary seats and formed a working
parliamentary alliance with the Slovak National Party (SNS) and
the Association of Slovak Workers (ZRS). On December 12, a
government of those three parties, led by Vladimir Meciar, was
sworn in by President Kovac.
The Slovak Information Service (SIS) is responsible for all
civilian security and intelligence activities. A five-member
parliamentary commission oversees the SIS. There were no
reports of human rights abuses by the SIS or the military
security apparatus of the Slovak Government.
Since independence, Slovakia has made intermittent progress in
developing a market economy. The private sector accounts for
some 40 percent of the gradually rising gross domestic
product. After the elections, the HZDS announced that the
second wave of voucher privatization, scheduled for December by
the Moravcik government, would be postponed until late January
1995. Industry and construction employ 43 percent of the labor
force, and agriculture 12 percent. Major exports are machinery
and transport equipment, chemicals and fuels, minerals, and
metals.
The Government respects freedom of assembly, association, and
religion. Laws prohibiting defamation of the President and
utterances fostering ethnic or religious hatred limit freedom
of speech, and dismissals of media personnel following changes
of government in March and December infringed on the freedom
and independence of the media. Laws permitting bilingual road
signs in areas inhabited by ethnic Hungarians and the
registration of non-Slovak names eased some ethnic tensions.
Skinheads occasionally attacked Roma and at times harassed Jews
as well. Discrimination against minorities, particularly Roma,
continued to be a problem. Violence against women is a serious
problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings. The village policeman charged in 1993 with murder in
connection with the abduction and killing of two Roma at
Klenovec was remanded to psychiatric care.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of any such practices.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for protection against unlawful or
unreasonable detention. A person accused or suspected of a
crime must be given a hearing within 24 hours and either set
free or remanded to the court. During this time, the detainee
has the right to an attorney. If remanded to a court, the
accused is entitled to a hearing within 24 hours, at which the
judge will set the accused free or issue a substantive written
order placing the accused in custody. Investigative detention
may last up to 2 months and may be extended. The total length
of pretrial detention may not exceed 1 year, unless the Supreme
Court extends it by determining that the person constitutes a
serious danger to society. The law allows family visits and
provides for a court-paid attorney, if needed, although human
rights observers point out that this applies only to defendants
whose alleged offenses are punishable by more than 5 years in
prison. A system of bail has existed since July 1990.
There is no exile.
e. Denial of Fair Public Trial
The Constitution provides for courts that are independent,
impartial, and separate from the other branches of government.
Some critics allege, however, that the dependence of judges
upon the Ministry of Justice for logistical support, the
granting of leave requests, and other services undermines their
independent status. The President appoints Constitutional
Court judges, while Parliament elects other judges, based on
recommendations from the Ministry of Justice.
The court system consists of local and regional courts, with
the Supreme Court as the highest court of appeals. In
addition, there is a separate military court system, the
decisions of which may be appealed to the Supreme Court and the
Constitutional Court.
Persons charged with criminal offenses are entitled to fair and
open public trials. They have the right to be informed of the
charges against them and of their legal rights, to retain and
consult with counsel sufficiently in advance to prepare a
defense, and to confront witnesses. They enjoy a presumption
of innocence and have the right to refuse to testify against
themselves. They may appeal any judgment against them.
The "lustration" law of the former CSFR, barring from high
public office persons who previously collaborated with the
Communist-era secret police, is technically still in effect in
Slovakia, though not enforced. Opponents of enforcement
consider the law discriminatory and a violation of due process
because decisions would be based on unverifiable secret police
records and no mechanism for appeal is available. The law's
supporters cite the need to ban from public office those
responsible for abuses of power and repression during the years
of Communist rule. A challenge to the lustration law was filed
in the Slovak Constitutional Court in May 1994, but the Court
declined to hear the case citing a 1991 decision by the
Czechoslovak court on this issue as a precedent.
With respect to the Roma minority, human rights monitors
charged that police appeared reluctant to take the testimony of
witnesses to skinhead attacks on Roma. Further, they reported
that police used the device of countercharges to pressure Roma
victims of police brutality to drop their complaints, that
medical doctors and investigators cooperated with police by
refusing to describe accurately the injuries involved, and that
lawyers often were reluctant to represent Roma in such
situations, for fear this would have a negative effect on their
practice.
There were no reports of political prisoners in 1994.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Criminal Code requires police to obtain a judicial search
warrant in order to enter a home. The court may issue such a
warrant only if there is a well-founded suspicion that
important evidence or persons accused of criminal activity are
present inside or if there is some other important reason.
Police must present the warrant before conducting the house
search or within 24 hours after the search.
The 1993 police law regulates wiretapping and mail surveillance
for the purposes of criminal investigation, which may be
conducted, on the order of a judge or prosecutor, only in cases
of extraordinarily serious premeditated crimes or crimes
involving international treaty obligations. There were no
reports of illegal surveillance of persons or communications or
of mail tampering.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution prohibits censorship and provides for freedom
of information and the right of expression. In a December
speech introducing his new Government, Prime Minister Meciar
said that "We recognize that a free and independent media is
also the foundation of a democratic society" and thus "the
Slovak Government shall, in the spirit of the Constitution of
the Slovak Republic, consistently protect the freedom of
expression as one of the fundamental human rights." However,
the law prohibits public utterances fostering ethnic or
religious hatred.
Human rights monitors objected to Article 103 of the Slovak
Criminal Code, which prohibits defamation of the President, on
the grounds that it was being implemented in a manner that
limited freedom of the press. They cited the case of a
newspaper editor under investigation in 1994 for publishing the
letter of a reader who was indirectly critical of the
President. Observers voiced concern over proposals by some
nationalist politicians for a law on the protection of the
Republic, fearing that such a law would undermine freedom of
speech.
During 1994 numerous newspapers, magazines, and journals
spanning the entire spectrum of political views were published
freely. The print media continued frank and occasionally
critical coverage of government activities, but the HZDS
renewed its call for increased government regulation of
journalism, promising in its election program that it would not
allow "tendentious fabrications and reporting by people in the
mass media."
There is no civil service law protecting jobs after a change of
government. In March the Moravcik government took steps to
restore employment to two persons who had lost their jobs in
1993 on free speech grounds. Lubomir Lintner, the Slovak radio
journalist fired in 1993 because of alleged government
pressure, was named press spokesman for the Office of the Prime
Minister. Slovak Press Agency Chief Dusan Kleiman, dismissed
by the incoming Moravcik government in March was reinstated in
his position by the incoming Meciar Government in December.
The director of the National Oncology Institute, fired in 1993
after he had spoken critically of the health care system on
television, regained his post in 1994 in a competitive
selection process.
Councils made up of nine members elected by Parliament to
6-year terms administer the government-sponsored Slovak Radio
and Slovak Television. Slovakia has one government-sponsored
television station broadcasting on two channels. One of 17
radio stations is government sponsored; the remainder are
privately owned and controlled.
The pro-HZDS majority in November replaced the members of both
councils. Simultaneously, the Radio Council fired the director
of Slovak Radio, who had served continuously since 1989. A new
director of Slovak Television--the seventh since the 1989
revolution--was appointed in January. Subsequently a number of
other staff changes were made at both radio and television.
Listeners report that coverage of internal political news was
greatly reduced, with the views of opposition politicians
reported only minimally, if at all.
Early in 1994, agreement was reached for Radio Free Europe
(RFE) to continue its medium-wave broadcasts to Slovakia. At
an HZDS demonstration on the day of the Meciar government's
March ouster, an angry crowd viciously beat RFE journalists
covering the event after a speaker at the rally identified
them. Police refused to aid the journalists, who subsequently
reported they were afraid to cover HZDS meetings. The
Government later replaced the police chief of Bratislava.
Just prior to the Meciar government's fall, reception of some
Radio Free Europe (RFE) broadcasts was blocked for several
hours. The Meciar government denied responsibility, and
reception subsequently was restored.
After the fall of the Meciar government, the new government
dismissed the general director and chief editor of the
government-owned Slovak Republic Press Agency (TASR). TASR
soon thereafter divested itself of its ownership of the
pro-HZDS newspaper Republika, which continued its activities
under private ownership as Slovenska Republika. Some HZDS
representatives criticized these actions as interference in the
media. Subsequently the HZDS hired the editor as its press
spokesman. (HZDS restored him to his former position when it
returned to power in December.)
The law provides for academic freedom, which is generally
respected, and grants universities the authority to decide
their internal affairs, including pedagogic and academic
orientation and internal structure.
b. Freedom of Peaceful Assembly and Association
The law provides for the right of persons to assemble
peacefully. The Government requires permits for some public
demonstrations, but there were no reports of refusals, nor of
police interference with public demonstrations.
The law also provides for the right of persons to associate
freely and to form political parties and movements, a right
which was respected in practice. Some organizations, including
political parties, are required to register, but there were no
reports that this requirement presented an obstacle to free
association.
c. Freedom of Religion
The Constitution provides for freedom of religious belief and
faith, and the Government respects this provision. Under
existing law, only registered churches and religious
organizations have the explicit right to conduct public worship
services and other activities, although no specific religions
or practices are banned or discouraged by the authorities. The
State provides financial subsidies only to registered churches
and religious organizations, of which there are 15. There are
no special laws or regulations governing foreign missionaries
desiring to enter the country and proselytize or foreign clergy
entering to serve expatriate congregations; they fall under the
general provisions concerning the entry of foreigners.
Based on a law passed in 1993, the property of religious
organizations that was confiscated during World War II and the
Communist period was returned to them.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on the freedom of movement of
citizens within or outside the country. Former Czechoslovak
citizens who emigrated during the period of Communist rule are
free to return for visits and may obtain Slovak citizenship if
they wish.
Refugees and asylum seekers are treated in accordance with
international norms. There were no reports of refugees being
forced to return to countries in which they feared
persecution.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the constitutional right to change their
government through the periodic free election of their national
and local representatives. Citizens over the age of 18 are
eligible to vote, and voting is by secret ballot. The
Constitution reserves certain powers to the President as Chief
of State (elected by the Parliament), but executive power rests
with the Government. Legislative power is vested in the
National Council of the Slovak Republic (parliament).
There are no official restrictions on the participation of
women or minorities in politics, but they are underrepresented
in government. A total of 22 women were elected to the
150-member Parliament in October, a reduction from 26 in the
previous parliament.
The ethnic Hungarian coalition gained 17 seats in Parliament.
Ethnic Hungarian calls for greater local self-government, or
"autonomy," in the January 1994 Komarno declaration, which were
repeated in the Hungarian political parties' coalition
agreement, caused anxiety among Slovaks that the Hungarians
intended eventually to secede from Slovakia and become a part
of Hungary. The Slovak National Party (SNS) reacted by calling
for a ban on ethnic Hungarian political parties, but no action
was taken in 1994.
Some members of the opposition have charged that, in its rush
to implement changes following the election, the HZDS violated
the Constitution on a number of occasions, for example, by
nominating a new Prosecutor General before waiting for the
President to act on Parliament's proposed recall of the then
current prosecutor general. Opposition members have also
voiced serious concern over HZDS attempts to deprive deputies
from former Prime Minister Moravchik's DU of their electoral
mandates by claiming that they failed to gain enough voter
signatures, despite the fact that the DU obtained significant
voter support in the election itself. Critics assert that the
HZDS violated citizens' right to privacy after a HZDS-led
parliamentary committee broke the seals on the signature
petitions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Representatives of local and international nongovernmental
human rights organizations worked freely, without government
interference. The Commissioner for Minorities of the
Conference on Security and Cooperation in Europe (CSCE) visited
the country to study conditions facing ethnic Hungarians (see
Section 5).
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law prohibits discrimination and provides for the equality
of all citizens. Health care, education, retirement benefits,
and other social services are provided regardless of race, sex,
religion, disability, language, or social status.
Women
Women in Slovakia are equal under the law. They enjoy the same
property, inheritance, and other legal rights as men and
receive pay equal to that of male colleagues for the same job.
Women are well represented in the judicial and administrative
professions but are underrepresented in other public service
areas. Despite the lack of overt discrimination, some cultural
barriers to their advancement remain. Labor law prohibits
women from engaging in certain types of work considered
dangerous to their health.
The Democratic Union of Women of Slovakia monitors observance
of the rights of women and their families in light of
internationally accepted documents and the Constitution,
especially as they affect the social and family spheres. At a
conference in Bratislava in October on intolerance and violence
against women, participants reported that 80 percent of women
frequently experienced family violence; 90 percent faced
various forms of intolerance; and 25 percent had experienced
sexual harassment and extortion in the workplace.
Police deal with spousal abuse, child abuse, and other violence
against women in the same way as other criminal offenses. They
believe that two-thirds of female rape victims fail to report
the cases for personal reasons. Once reported, police
investigate such cases as they would any other under the
Criminal Code.
As a result of amendments to the Criminal Code which took
effect during 1994, prostitution is not an illegal act.
However, the Code prohibits activities related to prostitution,
such as renting apartments for conducting prostitution,
spreading contagious diseases, or trafficking in women for the
purpose of prostitution. The authorities prosecuted several
cases involving prostitution-related offenses.
Children
The Constitution, the Law on Education, the Labor Code, and the
system of child welfare payments to families with children each
provide in part for children's rights. There is no evidence of
a pattern of abuse or denial of rights to children.
National/Racial/Ethnic Minorities
The Constitution provides minorities with the right to develop
their own culture, receive information and education in their
mother tongue, and participate in decisionmaking in matters
affecting them. The Government continued to provide funding
for cultural, educational, broadcasting, and publishing
activities for the major ethnic minorities. A November
proposal by ethnic Hungarian parliamentarians to create a
parliamentary committee for human rights, ethnic minorities,
and religion was defeated. In December incoming Prime Minister
Meciar told the diplomatic corps, "The new Government of the
Slovak Republic considers as its fundamental duty towards all
citizens of Slovakia, regardless of their nationality ..., the
fulfillment and protection of human rights as stipulated in the
Constitution of the Slovak Republic." He continued, "The
Slovak Government denounces all manifestations of intolerance,
above all chauvinism, aggressive nationalism, racism,
anti-Semitism and xenophobia ... That is why we shall try to
suppress and remove them."
During 1994 educational benefits were extended in different
forms to different minority groups, depending on the nature of
their requests and the availability of government resources.
For example, while German- and Ukrainian-speaking
representatives preferred and were granted a mixed form of
schooling only partly in the mother tongue, ethnic Hungarians
actively sought complete mother-tongue education through
university level. (Currently Hungarian-language education is
available only through secondary school.)
The ethnic Hungarian minority, which is the most numerous, is
concentrated primarily in southern Slovakia, with a population
estimated at 570,000 (many of whom are Roma). During 1994
Hungarians participated successfully at all levels in the
political, economic, and social life of the country, although
none rose to government ministerial posts. Most ethnic
Hungarians and ethnic Slovaks living in mixed areas continued
to coexist peacefully, although political frictions were
evident over the minority's legal status, and there were
occasional outbreaks of anti-Hungarian feeling. In March, on
the day Parliament voted to recall the Meciar government, an
angry crowd attacked two leading officials of the Hungarian
Christian Democratic Movement (MKDH) as they exited the
Parliament building. Police at the scene declined to
intervene, saying they lacked sufficient force. The MKDH filed
a complaint, but the authorities apparently took no
disciplinary action against the police.
After his 1994 visit to Slovakia, the CSCE Commissioner for
Minorities expressed confidence in the ability of Slovakia's
democratic institutions to handle minority rights issues
without external assistance. He also noted that ample
opportunities exist for the use of Hungarian as a minority
language in Slovakia.
Although the Government provides elementary and secondary
education in Hungarian, some 20 percent of ethnic Hungarian
families choose to send their children to Slovak-language
schools. During 1994 the Government suspended plans to
institute a number of "alternative" schools in which ethnic
Hungarian students could choose to study some subjects in
Slovak (aimed, according to the plan's advocates, at offering
those students a chance to achieve a level of proficiency in
technical fields that would enable them to compete more
effectively for technical jobs later in life). Some Hungarian
representatives had criticized the plan as aimed at eroding the
Hungarian-language educational base.
Controversy arose during 1994 when ethnic Hungarian parents
sought to prevent a Slovak nationalist known for his negative
attitudes toward Hungarians from teaching as a substitute in
their children's class at their ethnically mixed local school.
Slovak activists immediately protested, appealing to the
Ministry of Education to prevent what they considered a
violation of the teacher's rights. The school's parent-
teachers' association, after considering the case, retained the
teacher.
During 1994 Slovakia fulfilled two commitments made in
connection with its acceptance into the Council of Europe: it
altered legislation so as to allow towns to post road signs in
the Hungarian language and to authorize Hungarians to register
names officially in their Hungarian form, without Slovak
grammatical endings. By year's end, regulations were in place
to implement both laws, and no complaints were reported.
Although Hungarian activists in the past had criticized a
number of passages in the Constitution, including a phrase in
its preamble ("we, the Slovak nation,") which they felt
relegated nonethnic Slovak citizens to second-rate status,
during 1994 they did not press for changes in the Constitution
itself. They did, however, call for a constitutional law
protecting the rights of the non-Slovak minorities.
Roma constitute the second largest ethnic minority, although
many do not officially declare their ethnicity because of
social prejudice against them. Thus, the official census
figure of 81,000 is considered low; estimates of their actual
numbers range as high as 500,000. Roma are economically
disadvantaged, and their situation worsened somewhat when the
budget-strapped Government cut the Communist-era welfare
subsidies on which many had come to depend. In his December
speech to the diplomatic corps, Prime Minister Meciar said,
"The Government shall devote special attention to the economic,
social, and cultural advancement of the national minority of
the Roma, while using extensive possibilities of international
cooperation."
Although the nation's higher pedagogical school has a division
to train teachers for schools with a high Roma population and
the first Roma-language primers and readers were published in
1994, Education Ministry officials report that Roma have not
requested separate mother-tongue instruction and Roma-language
classrooms do not exist. A 2-year pilot project for Roma
preschoolers in six towns, designed to prepare them for
successful entry into the Slovak school system, yielded
impressive results, but resources may not be available for its
continuation. Both human rights monitors and Slovak officials
report that many Roma pupils do not complete their secondary
education because of poverty, unavailability of transportation
from Roma settlements, and family and social pressures.
Roma representatives report that many employers are reluctant
to hire members of the group, and that Roma unemployment soared
when the Communist-era practice of universal mandatory
employment ended in 1989. Unemployment is highest in areas
heavily populated by Roma. During 1994 officials in one
locality reportedly exerted psychological pressure on a hotel
owner to revoke a residence permit he had given to two Roma
families, on the grounds that allowing them to stay would
stimulate a further influx of Roma into the town.
During 1994 several incidents of skinhead street violence
against Roma were reported. Human rights monitors charged that
police often were absent during such incidents, seemed
reluctant to take action, and in some cases were guilty
themselves of brutality toward Roma. Observers report that
attempts to improve the poor relationship between Roma and the
police by hiring Roma into the police force foundered when few
Roma with clean police records could meet the minimum
educational requirements.
Isolated incidents of verbal harassment of Jews by skinheads
and others occurred during the year. Jewish spokesmen voiced
concern over a number of news articles with an anti-Semitic
slant. In the one reported case of the desecration of a Jewish
cemetery, in which gravestones were overturned, local
authorities apologized, and the juvenile perpetrators were
sentenced to community service.
People with Disabilities
The Constitution and implementing legislation provide for
health protection and special working conditions for mentally
and physically disabled persons, including special protection
in employment relations and special assistance in training.
The law also prohibits discrimination against physically
disabled individuals in employment, education, and provision of
other state services. Nevertheless, experts report
discrimination in such areas as accessibility of premises and
access to education (especially higher education). Although
not specifically required by law, existing government executive
orders mandate the provision of accessibility for the
disabled. However, the Government does not enforce these
provisions effectively due to budgetary constraints.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right to form and join
unions, except in the armed forces. In 1994 between 70 and 75
percent of the work force was organized. Unions are
independent of the Government and political parties. There are
no restrictions on the right to strike, but there were no
reports of strikes during the year.
There were no reported instances of retribution against
strikers or labor leaders, but the law and regulations do not
explicitly prohibit such retribution. There were no reports of
human rights abuses targeted against unions or workers.
Unions are free to form or join federations or confederations
and to affiliate with and participate in international bodies.
b. The Right to Organize and Bargain Collectively
The collective bargaining law provides for collective
bargaining, which is freely practiced throughout the country.
Employers and unions set wages in free negotiations. The Law
on Citizens' Associations prohibits discrimination by employers
against union members and organizers. Complaints may be
resolved either in collective negotiations or in court. If
found guilty of antiunion discrimination, employers are
required to reinstate workers fired for union activities.
The Customs Act of 1992 regulates duty-free stores and free
customs zones. Firms operating in several such zones must
comply with the Labor Code; to date, there have been no reports
of special involvement by the trade unions. Slovakia has no
special legislation governing labor relations in free trade
zones.
c. Prohibition of Forced or Compulsory Labor
Both the Constitution and the Employment Act prohibit forced or
compulsory labor. There were no reports of violations. The
Ministry of Labor, Social Affairs, and Family, as well as
district and local labor offices, have responsibility for
enforcement.
d. Minimum Age for Employment of Children
The law sets the minimum employment age at 15 years of age.
Under a law amended in 1994, children must remain in school for
9 years, or until age 15. Workers under age 16 may not work
more than 33 hours per week; may not be compensated on a
piecework basis; may not work overtime or night shifts; and may
not work underground or in specified conditions deemed
dangerous to their health or safety. Special conditions and
protections, though somewhat less stringent, apply to young
workers up to the age of 18. The Ministry of Labor enforces
this legislation. There were no reports of violations.
e. Acceptable Conditions of Work
The minimum wage, effective October 1993, is $82 (2,450 Slovak
crowns) per month. Even when combined with special allowances
paid to families with children, it does not provide an adequate
standard of living for workers and their families. The
Ministry of Labor, Social Affairs, and the Family is
responsible for enforcing the minimum wage; no violations were
reported.
The standard workweek mandated by the Labor Code is 42.5 hours,
although collective bargaining agreements have achieved
reductions in some cases. The law requires overtime payment up
to a maximum of 8 hours per week and 150 hours per year, and it
provides 3 weeks of annual leave. There is no specifically
mandated 24-hour rest period during the workweek. The trade
unions, the Ministry of Labor, and local employment offices
monitor observance of these laws, and the authorities
effectively enforce them.
The Labor Code establishes health and safety standards which
the Office of Labor Safety effectively enforces. For hazardous
employment, workers undergo medical screening under the
supervision of a physician. They have the right to refuse to
work in situations which endanger their health and safety and
may file complaints against employers in such situations. In
February the Government adopted a resolution on work safety,
which created a timetable for taking the steps necessary to
bring Slovakia into conformity with European Union norms.
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