

by PHILLIPPE AIMEY
A UNIVERSITY LAW LECTURER says illegal immigrants have rights under the Constitution.
"The constitutional rights of a country are not limited to citizens," says Jeff Cumberbatch of the University of the West Indies, Cave Hill Campus.
Reports coming out of Guyana have accused Barbadian authorities of early morning raids rounding up illegal immigrants and hasty deportations without giving individuals a chance to collect their belongings.
In an interview with the WEEKEND NATION, Cumberbatch identified specific rights within Barbados' Constitution which he said made provisions for illegal immigrants once encountered by police, or immigration officials.
"That they (illegal immigrants) are in the country illegally does not take away the rights to be enjoyed under the Constitution. The constitutional rights of a country are not limited to citizens . . . . It speaks to every person in Barbados. So just as they are subject to the criminal laws and the civil laws, they are entitled to the constitutional rights as well," he said.
"These people are [allegedly] being deported without having a right to carry their property with them. They are not given the chance to collect their belongings and to dispose of them properly and it seems to me that is deprivation . . . . God knows what happens to the property once it is left behind."
He identified four rights under Chapter 3: Protection of Fundamental Rights and Freedoms of the Individual - Section 15: Protection from inhuman treatment, Section 16: Protection from deprivation of property, Section 17: Protection against arbitrary search or entry and Section 18: Provisions to secure protection of law.
Speaking to reporters at the opening of a play park in his St John constituency last Monday, Prime Minister David Thompson spoke about the immigration issue and termed reports of raids a "slur on Barbados".
"This idea that we have been sending home planeloads of people and that we've had people scampering for cover, and that the police and immigration officials have been overzealous in implementing a policy that has not yet taken place is totally wrong. It is a slur on Barbados and I believe that people need to cool off.
"We announced an amnesty on June 1 and the deportation pursuant to the amnesty does not start until January 1," he added.
Last Saturday, the Prime Minister announced at a Press conference that only eight people had been deported since June 1, four of whom were Guyanese.
He said that according to data compiled by the police and Immigration Department, from June 1 to 26, visits were made to 15 residences on June 9, 11 and 13, between 3:30 a.m. and 6:30 a.m.
"These visits led to the detention and removal of 47 non-nationals, 34 of whom were Guyanese nationals, who were in the country illegally."
These people, he added, were deported for reasons such as "theft, overstaying and possession of a false work permit stamp, destitute and deception".
Echoing the sentiments of Thompson, a top Government official said he found it difficult to believe that CARICOM nationals were being raided, rounded up and sent back to their respective territories as was being reported.
He said such procedures were not practical given the process outlined.
Speaking only on condition of anonymity, he said Government had handed down a directive to immigration and police officials that no raids were to be carried out during the amnesty period, which ends in December.
"I'm not sure about all these raids I'm hearing about because the order given by Government when the amnesty was announced, was that no raids are to be carried out while the amnesty is still in motion; so if any raids have taken place, it has nothing to do with the immigrant situation," the top official said.
He added raids were only tolerated if the police had suspicions of illegal activity on a specific compound and only then would they have the right to conduct a raid.
In relation to the issue of deportation, the official said immigrants could only be deported once the appropriate documents had been signed by Minister of State, Labour, Civil Service and Immigration, Senator Arni Walters.
"In order for anyone to be deported, a deportation document must be signed by the minister in charge of immigration, so it is a case where people can't be just put on a plane and sent home; there are procedures that must be followed."
The official said Government was not interested in deporting people without giving them adequate time to manage their property.
"Government is not interested in confiscating anyone's belongings and standard procedure dictates that an individual is given enough time to set their business in order before deportation, especially when there is no criminal activity linked."
to J.Payne : 7/4/2009
J. Payne: You should take a look at Section 13 of the Immigration Act. It is the relevant section that addresses non-nationals who stay longer than the period permitted by an immigration officer. It covers a variety of things but one of the important things that it states is that the minister may make a deportation order against a person who overstays his/her permitted time in the country. A person against whom a deportation order is made may be detained and arrested without warrant. What is interesting is that it does not make it a criminal offence to overstay the time permitted by an immigration officer. Let me explain what I mean by this. Other than offences which are common law offences (like murder) an act is only a criminal offence when a statute stipulates it to be. So the statute would say something like “Any person who does “A” shall be guilty of an offence and shall be liable to a fine or “X” years in prison”. Section 13 does not make it a criminal offence to overstay one’s permitted time (which I admit is odd considering that it is an offence to knowingly harbour such a person). That being said, a raid of a person’s premises could not be lawfully executed unless (a)a deportation order was issued; (b)an arrest warrant was issued (c)The police had reasonable cause to believe that a person was in the act of committing an arrestable offence; Now the Prime Minister indicated that only a handful of Guyanese were actually deported. The others were asked to leave. If those Guyanese who were merely “asked to leave” were not the subjects of deportation orders or being charged criminal offences the police did not have the power to raid their homes and detain them. Even the immigration official mentioned in the article stated: “I am not sure about all these raids I'm hearing about because the order given by Government when the amnesty was announced, was that no raids are to be carried out while the amnesty is still in motion; so if any raids have taken place, it has nothing to do with the immigrant situation," The immigration official also stated: “In order for anyone to be deported, a deportation document must be signed by the minister in charge of immigration, so it is a case where people can't be just put on a plane and sent home; there are procedures that must be followed." It may be that the raids only related to non-nationals against whom deportation orders were issued. Or maybe the persons who were raided were actually being arrested for other criminal offences. I really don’t know all the circumstance behind the alleged raids. But let me add that the constitution protects persons who are accused of crimes. A person who has been accused of murder has the constitutional right to an attorney. A person convicted of theft has the constitutional right not to be tortured. The constitution does not stop being applicable because you are charged with an offence (and according to David Thompson some of the guyanese were not being charged with anything, they were merely asked to leave)
WHAT : 7/4/2009
A criminal has the right to a phone. A prisoner has the right to visits. What Mr. Cumberbatch is saying and this is why we leave these things to educated people, is that although you have commented an infraction you are not automatically stripped of all your rights citizen or non-national.
IF u dont like it get out : 7/3/2009
I`m a Barbadian living new york it hurts me every time i read the nwespaper to see how barbados as become crime as gotton of hand.If you a crime you should do the time no matter where u r from.
KEEP THE TORCH BURNING GUYS : 7/3/2009
Guys I can not comment because for some unknown reason the NATION is not printing my Comments, so I done wid that. Adrian Hinds was very powerful and senseable in his approch to dealing with this issue. CARL I hope that you, J.PAYNE and RETIRED CIVIL SERVANT will keep the FLAME BURNING, in bringing those issues to the foe that are affecting our great NATION
To Anonjam: : 7/3/2009
Can you ask Mr. Cumberbatch if he has gone over the Immigration - Chapter 190 Act as well??? http://www.caricomlaw.org/doc.php?id=569 Because that is a crime to break that. So criminal law may well apply.
Rights : 7/3/2009
Bigotry and prejudice is contagious, until the shoe is on the other foot, here in USA everyone was blaming the Mexicans for their problems, Hitler was blaming the Jews, in biblical times the Jews blaming the Canaanites, in the 1930, Stalin went around arresting, executing, imprisoning and deporting people of other ethnic origins, going as far as to commit genocide against others, The christian blaming Eve and women for their problems. It's sad we haven't learnt the lessons of history, rulers/kings/PM's/Presidents etc, blaming others for their inabilities, its very easy to manipulate fools and create frenzy, it was easy for Hitler and Stalin to operate, rounding up the Jews etc. under nationalistic banners, in Salem every woman was rounded up accused of witchcraft tortured to death of burn at the stake, here in Barbados the frenzy of rounding up every Guyanese, and deporting them, a few months ago there was complaints that USA was deporting criminals back to the lands of their birth, intolerance has created World Wars, every one on this Earth has rights, even dogs and animals, which must be respected regardless of their place of birth, I'm sure most Bajans claim to be Christians, what did Jesus say to all, Love your neighbors, as yourself, Do unto others as you will have others do unto You, Since I'm now Living in the USA, I shouldn't be surprised if someone came kicked my door down, dragged my out of my house, deported me, under the guise of America for American, out with all Bajans, and deny me all rights as a human being, POW's have rights, dogs also, so do murderers, keep up the work Jeff, ex cawmerian
Anonjam : 7/3/2009
J. Payne you cited the proceeds of crime act: The proceeds of crime act only applies to certain offences which are outlined in the schedule of that act. Look, Jeff cumberbatch taught me at Law School. he is a bright guy and knows the Law. If you dont want illegal immigrants to have their rights protected by the constitution then you should be arguing for its amendment but why make legal arguments against a man that have been teaching law for 30 years?
Anonjam : 7/3/2009
it seems that people are misunderstanding the argument. Basically, The constitution protects a person from having his/her property compulsorily taken by the government without that person being compensated for his/her loss. That means that notwithstanding the fact that an immigrant has overstayed his/her time in barbados, the government can not take action which deprives them of their property. Even the Government official who spoke anonymously acknowledges that "the Government is not interested in confiscating anyone's belongings and standard procedure dictates that an individual is given enough time to set their business in order before deportation, especially when there is no criminal activity linked."
illegal migrants have rights" : 7/3/2009
Dear Mr. Comberbatch, How can right and wrong mean the same thing. boy! oh boy!, they say no education is bad but too much is worst. If they are breaking the law by doing somthing ILLEGAL, how could they have rights in the same law which they are breaking? Now if you are complaining that they are being sent back in the middle of the night and not allowed to get their possessions,If that is your concern, then the best thing for them to do, is pack up their things before they go to bed so that when the law comes in the middle of the night to take them, their stuff is already pack, and they don't have to worry about time to pack them. Since they are so cheeky to be criticizing Mr. Thompson the way they are now doing, teach them not to bite the hand that fed them for so long, Slap a visa on them. bajan/canadian
: 7/3/2009
O am tired of this immigration and illegal story, it give Barbados a black eye. Reporters should give the Island of the illegals; birth, report situations in those islands and see why these Islander do not want to live in their home lands. Barbados is 144 square miles, passing though Oistin on Friday night is near impossible. The city is over crowded. Barbados space should be reserve for our future generations. Guyana / Jamaica/ Trinidad are all bigger than Barbados, why can these illegal go there? Watch out for the chinses they will come and never leave. bajan ca
: 7/3/2009
The bible says that 'JESUS IS THE SAME YESTERDAY, TODAY AND FOREVER.' In otherwords, HE CANNOT CHANGE. Unlike Jesus, the law do change from time to time, but once it is establish, IT IS STILL THE LAW. All that Mr. Cumberbatch did was to outline to the Barbadian public, what the law says with regard to the rights of illegal persons. SO WHY ARE PEOPLE STILL HOLDING ON TO THEIR FALLACIES? I AM SHOCK TO KNOW THAT 'INTELLIGENT PEOPLE' CAN PUBLICLY EXHIBIT SUCH IGNORANCE.
INTERESTING : 7/3/2009
I have read and re-read the cited provisions of the Barbados Constitution with a view most favorable to Mr. Cumberbatch's proffered perspective and quite frankly, I am hard-pressed to find an interpretation that sustains his argument. In all fairness, perhaps Mr. Cumberbatch could make a more detailed presentation before further comment is made. As it stands, I believe that ADRIAN HINDS does ask valid questions of Mr. Cumberbatch notwithstanding any reference to procilivites that individuals in the employ of UWI may possess.
Migrants rights : 7/3/2009
I find it very interesting that Mr Cumberbatch would posit, that an Illegal immigrant has rights in terms of how the Government enforces it's policy relative to those who break the immigration laws that are on the books.
Stop it at the Source : 7/3/2009
I say kill the tree from the root.Do not let any more come in. Let Peter pay for Paul. Slap a visa requirement on on anyone coming from Guyana. No visa no entry.
True Interest : 7/3/2009
Every learned four school fool now wants a say and they have become all experts on the subject. Let the learned person interpret the Constitution to suit him, it seems he studied law so he should know it. This three school fool will not even try to dispute it, but it seems to me that he is not worried about the overall picture of exploitation being created by illegal migration.
See Page 8. : 7/3/2009
See page 8 especially-- Money Laundering and Financing of Terrorism (Prevention and Control) -- http://www.caricomlaw.org/docs/Money%20Laundering%20and%20Financing%20of%20Terrorism%20(Prevention%20and%20Control).pdf An Act to provide for the prevention and control of money laundering, the prevention of the financing of terrorism and for **related matters**. Page 8: "proceeds of crime" means the proceeds of unlawful activity wherever committed and includes any property that is mingled with property that is proceeds of unlawful activity; "property" includes money and all other property real or personal, including things in action and other intangible or incorporeal property wherever situate and includes any interest in such property; "unlawful activity" means any activity which under any law anywhere is a crime and is punishable by death or by imprisonment for a period of not less than 12 months. In other words if you carry out illegal activity. i.e. overstaying in Barbados which is against the law and as a result the Immigration has to remove you from the country as quickly as possible and you lose your property as a result that really is not Barbados' problem. That person's illegal activity directly resulted in them losing their property. To claim otherwise would be like saying: Okay, I choose not to pay any rent to my landlord. As a result, if I'm then given a certain time to vacate the property. But I still refuse. Now if the landlord says no, time is up and they arrest me for staying on the property; can I then turn around and say since I was serving jail time and I didn't have the chance to pay rent for my home. Does that mean because I couldn't pay in prison, now the landlord has no right to turn around and sell my things or put them out on the street? If you overstay your time in Barbados and you didn't send-home your things ever since the deadline, that is the offending party's own decisions to not take care of business before Government had to step in and do it for you. Why should the Government have to wait for you to get your house in order after you overstay? Or worst pay to ship your things because you wouldn't do it years ago? It is not like the people getting deported have only had 24 hours to put provisions in place to salvage their property.
He correct : 7/3/2009
Mr Cumberbatch is correct. I work in the immigration globally. What Barbados is doing is wrong. Even murderers have rights. Illegals are not murders. Why this callousness by Barbadians towards others.
exiled immigrant : 7/3/2009
some of you are so stupid, you think that bim is giving people a hotel accommadation for their illegal activities, try living in canada, us or england, tell me if they come with coffee and muffin and say that i am sending you home, why is it that only the guyanesse people are the one complaining that they are mistreated? its all hogwash, they are only looking gor sympathy, they give the same trouble in us and in canada, you are in a country illegally, and the govermanet want you out, you in ha nuh place fuh guh, look at de one who say dat he in gine back, he living in luxury or just causing trouble in de island, bim lives on tourism, when dem people come ang gih trouble, who gine want fuh come. mr thompson i am with you a hunderd million percent, you are doing you job, and de most of bim is behind yuh. keep going sir, remember de scriptures when God tell a certain people not to get involved with a certain kind a people and yuh seh how de middle east is in kios, bajans wake up and tek wunna stand, bim is de only island that is dominantly black in everything we do and it has been working fuh years, now wunna want help destroying wunna island, baje in toronto
Under the laws of Barbados I believe property can be seized : 7/3/2009
Under the laws of Barbados I believe the government has a right to take away property from individuals that engage in unlawful activity, and those proceeds which are as a direct result of that activity can be seized by the government. If that was not the case then people involved in illegal drugs, or theft would be able to keep their property as a result of that activity.
Really? : 7/3/2009
How can someone be covered by a constitution which they have not sworn allegiance to? Under that logic all you'd have to do is move somewhere and then claim you should have rights under that constitution??? Then if the constitution pertains to them so do the laws of Barbados. You can't alienate one from the other so they are still wrong.
Illegal Immigrants : 7/3/2009
Put them on a plane and send them home. I am sure you reporters could find some interestering news to report. Why all this news about the Guyanese? Who cares this news is repetitious. Same garbage over and over again. You should do some research to find out about immigrant laws in US and Canada and what happen to those that are sent back without entering these countries.
ILLEGAL IMMIGRANTS HAVE RIGHTS??? : 7/3/2009
Come on Mr. Cumberbatch!!!! As some would say "Education ain't Common Sense". What you can do if you are so smart, try entering the US or Canada, produce false documentation and hide bout like the late Winston Hall. If the athourities get hold of you, tell them that you are protected under their Constitution. Please let me know the outcome of your CASE....when you get deported to back to BIM. There is no evidence as yet proving the our immigration officers are mistreating non-nationals or depriving their human rights. Your superfluous chatter is based on hear-say. So until more evidence is provided to prove otherwise.... LEST NOISE UWI LECTURER
: 7/3/2009
Jeff your bright legal brain is tired and fizzing, take a break for the summer.
: 7/3/2009
Nikki Open Sesame suggest something magical. There is nothing magical about this island any longer (except black magic). I would say call it Open Sepulchre
: 7/3/2009
I can fully understand your argument regarding property but I must ask Mr Cumberbatch. If you are in country illegally, profitting off that country with no contribution to that country's resources, what can be legal about property that you illegally obtained. In otherwords Mr Cumberbatch, what rights have you got to illegal property? Please tell me also Mr Cumberbatch if you were here illegally, heard a knock at 5.00 a.m and suspected or even knew it was the Immigration Officer, were you going to stand there unless you were ready to be sent home. Would you therefore say that Immigration Officers are responsible for them scampering? DUMB
Should Bim be renamed 'Open Sesame'? : 7/3/2009
Do you think U.S. immigration - hell, immigration throughout the region - arranges convenient times to round up illegal immigrants? Whilst I don't advocate brutality or going against human rights, if you live somewhere illegally, you take a risk. That risk is that one day, years down the line, you'll get a knock on the door and be returned to your place of origin with nothing. I find it UNBELIEVABLE that this dialogue continues, immigrants are one thing, BUT ILLEGAL IMMIGRATION IS NOT TO BE ACCEPTED!
illegal immigration : 7/3/2009
i know of no country who allow illegal immigrants to dispose of their property when they have beed arrested for overstaying their time.here in the u.s.a many people are held, kept locked up and then deported.some have bank accounts and even homes.no provision is given to dispose of property.and by the way the last time i check barbados was one of the most densly populated countries in the world.barbados cannot afford to have uncheck illegals coming and staying there.the only people who gain from it is those greedly business men who underpay them at the expense of nationals.as a result the standard of living will drop for the middle and lower class.
RIGHTS RIGHTS : 7/3/2009
WHO SAID IMMIGRANTS DID NOT HAVE RIGHTS THERE IS NO SNOW IN THE CARIBBEAN.BARBADOS BELONGS TO BAJANS HENCE GUYANA BELONGS TO GUYANESE SO THERE YOU HAVE IT MAKE THINGS WORK IN YOUR COUNTRY DO NOT GO TO BIM AND COMMIT CRIMES SUCH AS MURDER BECAUSE YOU ARE NOT ALLOWED TO LIVE RENT FREE GO BACK TO GUYANA AND STAY THERE AND YOU DO NOT HAVE TO LET THIS COMMENT STAY I AM SICK OF ALL THE s thats being said GOOD BYE
ILLEGAL/IMMIGRATION : 7/3/2009
SOME GREAT NEWS FOR ALL THOSE FOLKS IN BARBADOS ILLEGAL SINCE YOU ALL WANT TO LEAVE YOUR COUNTRY WHY NOT GO OVER TO CANADA OR BETTER YET TO THE U.S.A.IT IS BIG ENOUGH TO HOLD WHOEVER WANT TO LEAVE HOME AND THAT MEANS JAMAICA,TRINIDAD,ST.LUCIA AND ANY ISLAND IN THE CARIBBEAN GOOD LUCK TO ALL OF YOU
JEFF : 7/3/2009
YOU NEED TO GET OFF THIS RIGHT TRAIN DO THE GOVERMENT HAVE A RIGHT TO ITS LAWS IN ORDER YOU MAKE A FOOL OF YOURSELF SAYING THEY HAVE THE SAME RIGHTS AS CITIZENS NEXT WE CANT DENIED THEM THE CHANCE TO VOTE ITS A SHAMES WE HAVE SO MUCH LEGAL FOOLS
ReInterpret laws to fit a bias cause : 7/3/2009
It is bound to happen in Barbados as it is now a pastime in the US/Canada for persons with nothing better to do and wanting to make a name for themselves, decides that liberal progressive trends are being held back by static words, and interpretations of Laws, policies, and regulations. It is as if they say let us refit the same laws with new interpretations and meanings. What Jeff Cumberbatch needs to tell us is how the lawful removal of an illegal immigrant, leads to charges of the State depriving them of their property? How is the government to adhere to the lawful requirements of citizenship, and deportation, and not be subject to his re-interpretation of "depriving person of their property"? Is he saying that an illegal immigrant’s rights to property supersedes, their illegal immigrant status? Does the constitution or some other law or regulation not give clear and unambiguous examples of what constitute deprivation of property? It is hope that these individuals at UWI who are not known to produce or to be productive can, offer possible solutions to the dilemmas they often dream up. Just leaving it out there as, we cannot enforce this one constitutional requirement, because this other one may be contravene, doesn’t help us, and furthers the belief that UWI isn’t staffed with thinkers. It is already established to my satisfaction, that it is has a number bias individuals.
Let them go : 7/3/2009
Give them all their belonging and let them go! Jeff cumberbatch sorry call the Bermuda immigrantion Mr D. Burch and get to know their laws Tough look
Illegals have rights : 7/3/2009
This lecturer from the university does not appear to have too much common sense/knowledge. If a person is in an island/coountry illegally it is the right/law of the country to pick that person up and send them packing out of the country. Here in Canada they are picked up and if there is an available flight to their country they are placed on that flight otherwise they are placed in a holding area with guards and are sent packing when there is an available flight. In other cases when illegals apply for refugee status- yes they go to different hearings/tribunal to determine if they are qualified if they are not approved then they are given a specific date to get out of the country and if they don't by that time then they are picked up and sent packing out of the country without belongings. Those people would have had enough time to get themselves in order. There in Barbados those who are there for a specific lenght of time are given the opportunity to come forward, those who are not there for that duration were/are also given time to get out of the island and so they do not take it upon themselves to follow the rules. Therefore, line them up and get them out. I don't understand why this educated man does not seem to understand the law, and says that he is a lecturer at the university? Bajan/Canadian
: 7/3/2009
Immigration at the moment is headline news in Barbados and Guyana and some of the stories by journalist is nothing more than propoganda in my opinion fuelling hatred at times which is a very dangerous thing to do. Illegal immigrants do have rights but most do not realise what their rights are maybe the press in Guyana instead of constantly criticising Barbados should do an article explaining to their citizens what their rights are etc. Maybe Barbados should adopt a different approach to illegal immigration. Target the employers more anyone found employing illegal immigrants or people without correct work permits should be heavily fined, that is now what happens in the UK. I waiting to see when a journalist or Newspaper Editor is ready to do a proper investigative piece about who actually profits from illegal immigration.
RIGHTS : 7/3/2009
POLICE AND IMMIGRATION DO THESE THINGS TO THEIR OWN PEOPLE , SO WHY YOU THINK THEY WILL CARE ABOUT OTHER COUNTRY PEOPLE, IF THE PEOPLE ARE WHITE AND FROM UP NORTH THEY GET MORE GAPS IN LAW. POLICE WILL REACH YOU FASTER FOR THEIR NEED FASTER THAN YOURS, WORLD IMAGE AND SAFETY TO VISIT IS ABOVE THE PERSON WHO BORN AND LIVE HERE , LAST CLASS IN YOUR OWN COUNTRY
guyanese migration : 7/3/2009
We are getting conflicting stories from government officials, immigration officials guyanese deprotees and the Guyana government about this whole deportation issue. Some where among all these views lies the truth. We need urgently from the Barbados government some independent ivestigation into all the allegations so that the real truth can be known.
He is right, but... : 7/3/2009
The gentleman is right when he states that certain rights should be respected when dealing with illegal immigrants. There is no excuse for the inhumane treatment of any individual regardless of what law may have been broken. I believe that the police and immigration officers should adhere to the highest standards of professional conduct at all times regardless of the task they are asked to perform. I also believe that when feasible, illegal immigrants who being held by authorities pending deportation should at least be allowed to communicate with a neighbor to make arrangements to have certain personal belongings shipped to them when they return home. Having said that, I don't think that any illegal immigrant should expect that a country should abandon its sovereign right to control its borders any address illegal immigration. The Guyanese government, media, and the deportees are attempting to smear Barbados for exercising its right to get this illegal immigration problem under control. Where are the complaints from the Guyanese government when planeloads of Guyanese deportees are sent home by the US government? When the US deports them are they given an opportunity to round up their belongings to take back with them? Of course they are not, but the Guyanese government is silent when it comes to addressing this issue with the US, but wants to tarnish the reputation of Barbados for what we do. I guess it's easier for the government of Guyana to point fingers at Barbados and create an anti-bajan hysteria in the media than to address the reason why so many Guyanese nationals find it necessary to leave and live as fugitives abroad. Mr. Jagdeo needs to clean up his own mess at home before telling others how to handle theirs.




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