Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

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30 shown of 39 entities

Implementation of article 2 by States parties 2008, para. 26

Paragraph text
The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2008
Date added
Aug 19, 2019
Paragraph
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Implementation of article 14 by States parties 2012, para. 13

Paragraph text
In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals' therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
  • Families
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 9

Paragraph text
The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 46g

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 38

Paragraph text
States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 23

Paragraph text
The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties' fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 21

Paragraph text
States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 12

Paragraph text
The Committee emphasizes that the obligation of States parties to provide the means for "as full rehabilitation as possible" refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 10

Paragraph text
The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
  • N.A.
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 7

Paragraph text
Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 4

Paragraph text
The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 17

Paragraph text
A State's failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State's obligations under article 14.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 14

Paragraph text
The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 24

Paragraph text
At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 20

Paragraph text
To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 19

Paragraph text
Under article 2 of the Convention, States parties shall enact "effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." As clarified by the Committee in its general comment No. 2, "States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4." The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim's capacity to access and enjoy his or her rights guaranteed under article 14.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 11

Paragraph text
The Committee affirms that the provision of means for as full rehabilitation as possible for anyone who has suffered harm as a result of a violation of the Convention should be holistic and include medical and psychological care as well as legal and social services. Rehabilitation, for the purposes of this general comment, refers to the restoration of function or the acquisition of new skills required as a result of the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible self-sufficiency and function for the individual concerned, and may involve adjustments to the person's physical and social environment. Rehabilitation for victims should aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Health
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 6

Paragraph text
As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines). Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 3

Paragraph text
Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term "victim" also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term "survivors" may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term "victims" without prejudice to other terms which may be preferable in specific contexts.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Violence
Person(s) affected
  • All
  • Families
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 1

Paragraph text
This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Each State party is required to "ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible." The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter "ill-treatment") without discrimination of any kind, in line with the Committee's general comment No. 2.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 20

Paragraph text
The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for "any reason based on discrimination of any kind…". The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Violence
Person(s) affected
  • All
  • N.A.
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 19

Paragraph text
Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State's obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 18

Paragraph text
The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Gender
  • Governance & Rule of Law
  • Harmful Practices
  • Violence
Person(s) affected
  • All
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 7

Paragraph text
The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 5

Paragraph text
Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
  • Humanitarian
Person(s) affected
  • All
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 2 by States parties 2008, para. 4

Paragraph text
States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee's concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee's understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2008
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 46l

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 46k

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 46h

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms.
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Civil & Political Rights
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
2012
Date added
Aug 19, 2019
Paragraph
View

Implementation of article 14 by States parties 2012, para. 46a

Paragraph text
[On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts;
Body
Committee against Torture
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
Year
2012
Date added
Aug 19, 2019
Paragraph
View

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