Published on 27 November 2023
THIRD SECTION
Application no. 143/18
Vyacheslav Borisovich RYBAKOV against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
143/18*
29/11/2017
Vyacheslav Borisovich RYBAKOV
1966
Aleksey Vladimirovich Glukhov
Novocheboksarsk
(i) Cheboksary, 13/04/2017, Support of Ye. Blinova
(ii) Cheboksary, 16/04/2017, Support of V. Maltsev
(i) article 20.2 § 5 of CAO, community service of 40 hours
(ii) article 20.2 § 2 of CAO, fine of
RUB 20, 000
(i) 11/07/2017 Supreme Court of the Chuvashia Republic
(ii) 30/05/2017 Supreme Court of the Chuvashia Republic
(i) ban on public events at certain locations in the vicinity of a district court building (13/04/2017)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all the four sets of proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) Cheboksary, 29/10/2017, Opposition rally (a stroll) - arrest, conviction under article 20.2 § 8 of the CAO, community service of 190 hours; final judgment of 21/12/2017 by the Supreme Court of the Chuvashia Republic; and
(ii) Cheboksary, 07/10/2017, Opposition rally - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 15 days; final judgment of 10/11/2017 by the Supreme Court of the Chuvashia Republic,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 05/11/2017 was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO
15395/18*
23/03/2018
Anastasiya Ilyinichna LUKOMSKAYA
1989
Konstantin Ilyich Terekhov
Moscow
(i) Moscow, 08/07/2017, Distribution of leaflets, sticking leaflets on the walls in support of A. Navalnyy’s presidential campaign
(ii) Moscow, 27/07/2019, Event for fair elections
(iii) Moscow, 03/08/2019, Event for fair elections and support of Ye. Zhukov
(i) article 20.2 § 5 of CAO,
fine of RUB 10,000,
(ii) article 20.2 § 5 of CAO, fine of RUB 12,000,
(iii) article 20.2 § 5 of CAO, fine of RUB 10,000
(i) 26/10/2017 Moscow City Court
(ii) 17/07/2019 Moscow City Court
(iii) 12/11/2019 Moscow City Court
Art. 5 (1) - unlawful detention - arrest and escorting to a police station on 08/07/2018, 27/07/2019 and on 03/08/2019, each time for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based, two latest sets of proceedings (final judgments of 10/09/2019 and 12/11/2019),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018), two latest sets of proceedings - (i) Rally for fair elections to Mosgorduma, 27/07/2019 - arrest, conviction under article 20.2-5 of the CAO, fine of RUB 12,000, final judgment of 10/09/2019 by the Moscow City Court, and
(ii) Rally for fair elections to Mosgorduma and in support of E. Zhukov, 03/08/2019 - arrest, conviction under Article 20.2-5 of the CAO, fine of RUB 10,000, final judgment of 12/11/2019 by the Moscow City Court
18395/18*
02/04/2018
Konstantin Aleksandrovich GUDIMOV
1952
Aleksandr Vasilyevich Popkov
Sochi
(i) Sochi, 07/10/2017, Support of A. Navalnyy (the applicant rode a bicycle with a balloon attached to it, bearing the logo of A. Navalnyy’s presidential elections campaign)
(ii) Sochi, 23/01/2021, Support of A. Navalnyy (the applicant was walking along the streets holding a poster in support of A. Navalnyy and taking pictures with passers-by).
(i) article 20.2 § 8 of CAO, administrative detention of 12 days,
(ii) article 20.2 § 8 of CAO, administrative detention of 10 days
(i) 02/11/2017 Krasnodar Regional Court
(ii) 14/04/2021 Krasnodar Regional Court
(i) the authorities considered the applicant’s ride to constitute picketing,
(ii) the authorities considered the applicant’s stroll of 23/01/2021 to amount to organisation and holding a series of solo pickets
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 18/09/2020 and 19/09/2020 and (ii) between 27/01/2021 and 28/01/2021, each time as administrative suspect, initially for drawing up an offence report and then pending trial, after the offence report was compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first and the third sets of proceedings, final judgments of 02/11/2017 and 14/04/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - first set of proceedings - inability to cross-examine in open court police officers on whose written statements the conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (i) on 24/10/2017, (ii) on 19/09/2020 and (iii) 28/01/2021 were each time executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 2 of the CAO, administrative detention of 10 days for publishing on 16/09/2020 a call for participation in an opposition event (scheduled for 19-20/09/2020) to the applicant’s vkontakte page, final judgment of 29/10/2020 by the Krasnodar Regional Court (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).
18408/18*
02/04/2018
Dmitriy Petrovich TITKOV
1976
Aleksandr Vasilyevich Popkov
Sochi
(i) Sochi, 07/10/2017, Support of A. Navalnyy
(ii) Sochi, 27/03/2018, Solo demonstration for fair elections
(i) article 20.1 § 1 of CAO, administrative fine of RUB 500,
(ii), article 20.2 § 2 of CAO, administrative detention of 9 days
(i) 20/02/2018 Krasnodar Regional Court
(ii) 29/05/2018 Krasnodar Regional Court
(ii) distance requirement - event classified as assembly post facto, second set of proceedings
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based - both sets of proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/04/2018 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
24890/18*
11/05/2018
Leonid Sergeyevich YARYGIN
1989
Ivan Yuryevich Zhdanov
Vilnius
Tambov, 08/05/2018, Support of an arrested coordinator of the local Navalnyy headquarters
article 20.1 § 1 of CAO, administrative detention of 10 days
04/06/2018
Tambov Regional Court
(complaint lodged on 10/10/2018)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 08/05/2018 and 09/05/2018, as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based (both sets of proceedings) and defence witness R. (first set of proceedings),
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 25 days for publishing on 28/10/2017 a call for participation in an opposition event (scheduled for 29/10/2017) to the applicant’s vkontakte page, final judgment of 11/11/2017 by the Tambov Regional Court (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).
15824/19*
10/03/2019
Nikolay Vitalyevich REKUBRATSKIY
1958
Karinna Akopovna Moskalenko
Strasbourg
(i) Moscow, 26/05/2018, Support of Sentsov
(ii) Moscow, 06/09/2021, Protest against persecution of Crimean Tatars
(i) article 20.2 § 5 of CAO, fine of RUB 10,000,
(ii) article 20.2 § 5 of CAO, administrative fine of RUB, 10,000
(i) 10/09/2018
Moscow City Court
(ii) 11/05/2022 Moscow City Court
(i) ban on public events in Moscow during the FIFA World Cup,
(ii), rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 26/05/2018 and (ii) on 06/09/2021, each time for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based (second set of proceedings)
19708/19*
20/03/2019
Aleksandr Vitalyevich REKUBRATSKIY
1958
Oleg Aleksandrovich Yelanchik
Moscow
(i) Moscow, 01/07/2018, Solo demonstration in support of O. Sentsov and for exchange of prisoners between Ukraine and Russia
(ii) Moscow, 06/09/2021, Protest against persecution of Crimean Tatars
(i) article 20.2 § 5 of CAO, fine of RUB 10,000,
(ii) article 20.2 § 5 of CAO, administrative fine of RUB, 10,000
(i) 20/09/2018 Moscow City Court
(ii) 11/05/2022 Moscow City Court
ban on public events in Moscow during the FIFA World Cup,
(ii), rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 01/07/2018 and (ii) on 06/09/2021 for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based, both sets of proceedings
41666/19*
23/07/2019
Gulnaz Ilgizovna RAVILOVA
1999
Elza Rinatovna Nisanbekova
Kazan
Kazan, 12/12/2018, Protest against the authorities’ failure to respect the Constitution
article 20.2 § 2 of CAO, community service of 30 hours
24/04/2019 Supreme Court of the Republic of Tatarstan
Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention on 14/02/2019 for the sole purpose of drawing up a record of administrative offence in respect of the event of 12/12/2018; and pending trial, after such record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
47892/21
14/08/2021
Ivan Ivanovich LUZIN
2000
Memorial Human Rights Centre
Moscow
Kaliningrad, 21/08/2020, Support of A. Navalnyy
article 20.2 § 5 of CAO,
fine of RUB 15,000
16/02/2021 Kaliningrad Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based
48046/21*
09/09/2021
Anna Gennadiyevna NEFEDOVA
1976
Memorial Human Rights Centre
Moscow
(i) Tambov, 10/08/2020, Solo demonstration for fair elections to the Tambov Regional Duma
(ii) Tambov, 20/08/2020, Support of A. Navalnyy
(i) article 20.2 § 5 of CAO, fine of RUB 20,000,
(ii) article 20.2 § 5 of CAO, fine of RUB 15,000
(i) 10/03/2021 Tambov Regional Court
(ii) 10/03/2021 Tambov Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based - all sets of proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - arrest, conviction under article 20.2 § 5, fine of RUB 10,000 on account of participation in a rally in support of A. Navalnyy, 23/01/2021, Tambov; final judgment of 07/04/2021 by the Tambov Regional Court
53251/21
17/09/2021
Kirill Sergeyevich NASONOV
1980
Darya Dmitriyevna Aksenova
Kolomna
Moscow, 09/03/2021, Protest against living conditions in Russia
article 20.2 § 5 of CAO,
fine of RUB 15,000
05/07/2021 Moscow City Court
ban on public events at certain locations - Red Square, Moscow
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 09/03/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
55439/21*
24/10/2021
Igor Vladimirovich SERKOV
1987
Ilya Igorevich Bogdashkin
Yekaterinburg
Yekaterinburg, 31/01/2021, Support of A. Navalnyy
article 20.2 § 5 of CAO, community service, 30 hours
26/05/2021,
Sverdlovsk Regional Court,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018)- arrest, conviction under article 20.2 § 5 of CAO, community service of 30 hours for participation in a rally in support of A. Navalnyy on 31/01/2021, final judgment of 26/05/2021 by the Sverdlovsk Regional Court
3155/22*
03/12/2021
Anastasiya Yulyevna MIKHAYLOVA
1999
Luiza Magomedovna Magomedova
St Petersburg
St Petersburg, 02/05/2021, Street exhibition by artist K. in support of political prisoners (the applicant submits she was merely standing nearby)
article 20.2 § 2 of CAO, administrative detention of 10 days
10/06/2021
St Petersburg City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/05/2021 and 04/05/2021 as administrative suspect, pending trial, and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 04/05/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
24178/22
09/02/2022
Aleksandr Anatolyevich KRAYEV
1981
Memorial Human Rights Centre
Moscow
Nizhniy Novgorod, 31/01/2021, Protest against security services’ brutality
article 20.2 § 5 of CAO,
fine of RUB 5,000
11/08/2021
Nizhniy Novgorod Regional Court
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018)- arrest, conviction for participation in rally held on 31/01/2021, article 20.2 § 5 of CAO, fine of RUB 5,000, final judgment -11/08/2021, Nizhniy Novgorod Regional Court,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officer on whose written statement his conviction was based
30529/22
22/02/2022
Anna Anatolyevna NARINSKAYA
1966
Kseniya Dmitriyevna Prosvirkina
Moscow
Moscow, 16/07/2020, Support of members of "Novoye velichiye" group (qualified as extremist by the Russian authorities)
article 20.2 § 5 of CAO,
fine of RUB 10,000
23/08/2021 Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 16/07/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
34705/22
11/07/2022
Viktor Aleksandrovich NEMYTOV
1982
Anna Yevgenyevna Bochilo
Barnaul
Moscow, 29/03/2022, protest against the war in Ukraine
article 20.2 § 8 of CAO, administrative detention of 25 days
06/04/2022
Moscow City Court
ban on public events at certain locations - Red Square, Moscow
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 29/03/2022 until 30/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
36759/22
23/07/2022
Sergey Vladimirovich ZUBAREV
1984
(i) Moscow, 16/10/2021, Support of political prisoners
(ii) Moscow, 30/10/2021, Support of political prisoners
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
(ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000
(i) 23/03/2022 Moscow City Court,
(ii) 29/03/2022 Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to the police station (i) on 16/10/2021 and (ii) on 30/10/2021, each time for compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based - both sets of proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - conviction for participation on 16/10/2021 in a group picket in support of political prisoners - arrest, conviction under Article 20.2 § 5 of the CAO, fine of RUB 10,000, final judgment: 23/03/2022, Moscow City Court
38632/22*
14/07/2022
Rustam Voitzhonovich MADUMAROV
1998
St Petersburg, 24/02/2022,
anti-war protest
article 20.2 § 2 of CAO, administrative detention of 5 days
31/03/2022
St Petersburg City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station from 1.45 p.m. on 24/02/2022 until 5.00 p.m. on 25/02/2022 as administrative suspect, pending trial, after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
44825/22*
06/09/2022
Svetlana Sergeyevna KARPENKO
1992
Rostov-on-Don, 30/04/2022,
anti-war protest
article 19.3 § 1 of CAO, administrative detention for 15 days
06/05/2022
Rostov Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
47140/22*
12/09/2022
Vyacheslav Vasilyevich ILNITSKIY
1972
Moscow, 24/02/2022,
anti-war protest
article 20.2 § 5 of CAO,
fine of RUB 15,000
01/07/2022, Moscow City Court
ban on public events at certain locations- Aleksandrovskiy Garden, Moscow (in the vicinity of the President’s administration)
50934/22
26/09/2022
Vasiliy Anatolyevich POTAPOV
2000
Novosibirsk, 26/02/2022,
anti-war protest
article 20.6.1 § 1 of CAO,
fine of RUB, 7,000
26/05/2022, Novosibirsk Regional Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 26/02/2022 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
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