State Department cable stating that the Taliban and Al-Qaeda fighters are enemy combatants and will not be afforded the Geneva Conventions, but will be treated humanely and in accordance with the principles of the Geneva Convention. "The U.S. is treating and will continue to treat all of the individuals detained at Guantanamo humanely, and, to the extent appropriate and consistent with military necessity, in a manner consistent with the third Geneva Convention of 1949... The President has determined that the Geneva Convention applies to the Taliban detainees, but not to the Al Qaida detainees." "[N]either neither Taliban nor Al-Qaida detainees are entitled to POW status... even though the detainees are not entitled to POW privileges, they will be provided many POW privileges as a matter of policy... The detainees will not be subjected to physical or mental abuse or cruel treatment."
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NP-00.AID-00 AIT-03.
A0P-00 AEX-00.
A-00.CA-01.
INFO LOG-00 MFA-00.
AF-00.AMAD-00
AS-01.ACQ-00.CCO-:00
CG-O0.DODE-O0
CIAE-00 COME-00 CCOE-00 CTME-00 INL-00.
DOEE-O0 DOTE-00 ANHR-00 WHA-00.MEDE-00
SRPP-00 DS-00.
EAP-0O EB-O0.
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EUR-00.
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H-01.INSE-00
10-00.L-00.VCE-00.AC-01.
MOFM-05 M-00.NEA-00
DCP-01.OIC-02.
NRCE-00 NSAE-00 NSCE-00 OCS-03.OIG-03
OMB-01 PA-00.
PRS-00.P-00.
PM-00.ACE-00.SCT-0O
SP-00.SS-00.USIE-00
SSO-00.TEST-00 TRSE-00 T-00.
USSS-00 SA-00.EPAE-00 SNIS-00 SDBU-00
ASDS-01 FMP-00.
NISC-00 PMB-00.DRL-02.ALM-00
DSCC-OO PRM-00.G-00.
SAS-00./025R
PMA-00.
• 024988 SOURCE: .
KODAKC.008023
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02/06/02
APPROVED BY: IO:WWOOD/L:WTAFT
DRAFTED BY: L/PM:DBOWKER.7-7838
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L:JTHESSIN.L/NP:ECUMMINGS IO:WWOOD
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S/WCI:MNEWTON.S/P:ALASKARIS D:KBUE
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P:DRANK.NSC/L:JBELLINGER CWG/PM:SPETERS
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NSC:MHAINES.S/ES:CARODLEY S/ES-O:VCRITES
DESIRED DISTRIBUTION:
AF,EAP,EUR,NEA,SA,WHA,CA,L,S/WCI,DRL,L,H,PM,CWG/PM,I0
.63D03D 080344Z /38
O P 080334Z FEB 02
FM SECSTATE WASHDC
TO AMEMBASSY CANBERRA IMMEDIATE
AMEMBASSY KABUL IMMEDIATE
UNCLASSIFIED
PAGE 02.STATE.
024988 080342Z
AMEMBASSY PARIS IMMEDIATE
AMEMBASSY BERLIN IMMEDIATE
AMEMBASSY ISLAMABAD IMMEDIATE
AMEMBASSY RIYADH IMMEDIATE
AMEMBASSY LONDON IMMEDIATE
AMEMBASSY MOSCOW IMMEDIATE
AMEMBASSY OTTAWA IMMEDIATE
USMISSION GENEVA IMMEDIATE
AMEMBASSY BRUSSELS IMMEDIATE
INFO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
Current Class: UNCLASSIFIED Page: 1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
UNCLASSIFIED DOS-002279
DATE/CASE ID: 22 OCT 2004 200303827
'Current Class: UNCLASSIFIEUNCLASSIFIED Current Handling: n/a Document Number: 2002STATE024988 Page: 2 Channel: n/a
UNCLAS STATE 024988
E.O. 12958: N/A TAGS: PTER, KWAC, PREL SUBJECT: GENEVA CONVENTIONS AND STATUS OF 4virmarnms»
REFTELS: STATE 6135 (NOTAL), STATE 20095 (NOTAL)
1. THIS CABLE REQUIRES ACTION BY GENEVA. GENEVA SHOULD DELIVER THE POINTS AT PARA. 4 BELOW TO ICRC PRESIDENT KELLENBERGER. REMAINING ACTION ADDRESSEES MAY WISH TO DELIVER THE TALKING POINTS AT PARA. 4 BELOW ORALLY AT A SENIOR LEVEL OF THE HOST GOVERNMENT. THEIR RESPECTIVE WASHINGTON EMBASSIES HAVE ALREADY BEEN INFORMED. INFO
ADDRESSEES SHOULD USE THESE POINTS ON AN "IF ASKED" BASIS.
THIS CABLE DOES NOT CHANGE USG POLICY REGARDING ACCESS TO
«DETAINEES» AT GUANTANAMO SET FORTH IN REFTELS.
BACKGROUND
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024988 080342Z
PAGE 03 STATE
2. THE FOLLOWING FACT SHEET WAS ISSUED BY THE WHITE HOUSE
ON FEBRUARY 7, 2002.
STATUS OF «DETAINEES» AT GUANTANAMO
«UNITED» «STATES» POLICY
. THE «UNITED» «STATES» IS TREATING AND WILL CONTINUE TO TREAT
ALL OF THE INDIVIDUALS DETAINED AT GUANTANAMO HUMANELY
AND, TO THE EXTENT APPROPRIATE AND CONSISTENT WITH
MILITARY NECESSITY, IN A MANNER CONSISTENT WITH THE
PRINCIPLES OF THE THIRD GENEVA CONVENTION OF 1949.
. THE PRESIDENT HAS DETERMINED THAT THE GENEVA CONVENTION
APPLIES TO THE TALIBAN ‹JmnmanEEs», BUT NOT TO THE AL-
QAIDA 4mmaximEs».
. AL-QAIDA IS NOT A STATE PARTY TO THE GENEVA CONVENTION;
IT IS A FOREIGN TERRORIST GROUP. AS SUCH, ITS MEMBERS
ARE NOT ENTITLED TO POW STATUS.
. ALTHOUGH WE NEVER RECOGNIZED THE TALIBAN AS THE
LEGITIMATE AFGHAN GOVERNMENT, AFGHANISTAN IS A PARTY TO
THE CONVENTION, AND THE PRESIDENT HAS DETERMINED THAT
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THE TALIBAN ARE COVERED BY THE CONVENTION. UNDER THE
TERMS OF THE GENEVA CONVENTION, HOWEVER, THE TALIBAN
«DETAINEES» DO NOT QUALIFY AS POWS.
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. THEREFORE, NEITHER THE TALIBAN NOR AL-QAIDA «DETIUMES»
ARE ENTITLED TO POW STATUS.
. EVEN THOUGH THE «DETAINEES» ARE NOT ENTITLED TO POW
PRIVILEGES, THEY WILL BE PROVIDED MANY POW PRIVILEGES AS
A MATTER OF POLICY.
ALL «Immmaims» AT GUANTANAMO ARE BEING PROVIDED:
. THREE MEALS A DAY THAT MEET MUSLIM DIETARY LAWS;
. WATER;
. MEDICAL CARE;
. CLOTHING AND SHOES;
SHELTER;
. SHOWERS;
. SOAP AND TOILET ARTICLES;
. FOAM SLEEPING PADS AND BLANKETS;
. TOWELS AND WASHCLOTHS;
. THE OPPORTUNITY TO WORSHIP;
. CORRESPONDENCE MATERIALS, AND THE MEANS TO SEND MAIL;
. THE ABILITY TO RECEIVE PACKAGES OF FOOD AND CLOTHING,
SUBJECT TO SECURITY_SCREENING.
THE «IDETAUTEES» WILL NOT BE SUBJECTED TO PHYSICALOR MENTAL
.
ABUSE OR CRUEL «TREATMENT». THE INTERNATIONAL COMMITTEE OF
THE RED CROSS HAS VISITED AND WILL CONTINUE TO BE ABLE TO
VISIT THE «DETAIAMES» PRIVATELY. THE «DETAINEES» WILL BE
PERMITTED TO RAISE CONCERNS ABOUT THEIR CONDITIONS AND WE
WILL ATTEMPT TO ADDRESS THOSE CONCERNS CONSISTENT WITH
SECURITY.
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HOUSING. WE ARE BUILDING FACILITIES IN GUANTANAMO MORE
APPROPRIATE FOR HOUSING THE «DETAINEES» ON A LONG-TERM BASIS.
' THE «DETJUMMES» NOW AT GUANTANAMO ARE BEING HOUSED IN TEMPORARY OPEN-AIR SHELTERS UNTIL THESE MORE LONG-TERM FACILITIES CAN BE ARRANGED. THEIR CURRENT SHELTERS ARE REASONABLE IN LIGHT OF THE SERIOUS SECURITY RISK POSED BY THESE «DETAINEES» AND THE MILD CLIMATE OF CUBA.
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POW PRIVILEGES THE DETAINEES» WILL NOT RECEIVE. THE
«DETAINEES» WILL RECEIVE MUCH OF THE «TREATMENT» NORMALLY
AFFORDED TO POWS BY THE THIRD GENEVA CONVENTION. HOWEVER,
THE DEMINEES» WILL NOT RECEIVE SOME OF THE SPECIFIC
PRIVILEGES AFFORDED TO POWS, INCLUDING:
. ACCESS TO A CANTEEN TO PURCHASE FOOD, SOAP, AND TOBACCO;
. A MONTHLY ADVANCE OF PAY;
. THE ABILITY TO HAVE AND CONSULT PERSONAL FINANCIAL
ACCOUNTS;
THE ABILITY TO RECEIVE SCIENTIFIC EQUIPMENT, MUSICAL
INSTRUMENTS OR SPORTS OUTFITS.
MANY ‹exinmalims» AT GUANTANAMO POSE A SEVERE SECURITY RISK TO
THOSE RESPONSIBLE FOR GUARDING THEM AND TO EACH OTHER.
SOME OF THESE INDIVIDUALS DEMONSTRATED HOW DANGEROUS THEY
ARE IN UPRISINGS AT MAZAR-E-SHARIF AND IN PAKISTAN. THE
«UNITED» «STATES» MUST TAKE INTO ACCOUNT THE NEED FOR SECURITY
IN ESTABLISHING THE CONDITIONS FOR DETENTION AT GUANTANAMO.
BACKGROUND ON GENEVA CONVENTIONS. THE THIRD GENEVA
CONVENTION OF 1949 IS AN INTERNATIONAL TREATY DESIGNED TO
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024988 080342Z
PROTECT PRISONERS OF WAR FROM INHUMANE «TREATMENT» AT THE
HANDS OF THEIR CAPTORS IN CONFLICTS COVERED BY THE
CONVENTION. IT IS AMONG FOUR TREATIES CONCLUDED IN THE
WAKE OF WWII TO REDUCE THE HUMAN SUFFERING CAUSED BY WAR.
THESE FOUR TREATIES PROVIDE PROTECTIONS FOR FOUR DIFFERENT
CLASSES' OF PEOPLE: THE MILITARY WOUNDED AND SICK IN LAND
CONFLICTS; THE MILITARY WOUNDED, SICK AND SHIPWRECKED IN
CONFLICTS AT SEA.; MILITARY PERSONS AND CIVILIANS
ACCOMPANYING THE ARMED FORCES IN THE FIELD WHO ARE CAPTURED
AND QUALIFY AS PRISONERS OF WAR; AND CIVILIAN NON-
COMBATANTS WHO ARE INTERNED OR OTHERWISE FOUND IN THE HANDS
OF A PARTY (E.G., IN A MILITARY OCCUPATION) DURING AN ARMED
CONFLICT.
PAGE 06.STATE.
3. ADDITIONAL BACKGROUND FOR POSTS' USE: PLEASE NOTE THE
DECISION REGARDING STATUS OF THE «Joinvarms» HAS NO/NO EFFECT
ON THE PROCEDURES FOR GAINING ACCESS (REFTELS). THE POLICY
CONTINUES TO BE THAT ACCESS IS GRANTED AT GTMO UPON
APPROVAL BY DOD ONLY FOR LAW ENFORCEMENT AND INTELLIGENCE
PURPOSES. FORMAL REQUESTS SHOULD BE MADE TO THE PM WORKING
GROUP AND SHOULD INCLUDE A DESCRIPTION OF THE LAW
ENFORCEMENT OR INTELLIGENCE RELATED POSITION HELD BY THE
GOVERNMENT OFFICIALS SEEKING ACCESS.
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4. TALKING POINTS
-- THE U.S. HAS TREATED AND WILL TREAT ALL TALIBAN AND AL
QAIDA “DETAINEES» HUMANELY AND CONSISTENT WITH THE PRINCIPLES
OF THE GENEVA CONVENTION.
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PAGE 07 STATE 024988 080342Z
-- THE PRESIDENT'S FEBRUARY 7 DECISION ON TALIBAN AND AL
QAIDA 4421MINEES» CONCERNED THE APPLICABILITY OF THE GENEVA
CONVENTION. AFTER CHAIRING TWO MEETINGS OF THE NSC ON THE
ISSUE, PRESIDENT BUSH HAS DECIDED THAT THE GENEVA
CONVENTION APPLIES TO TALIBAN 4XEULUMWS», BUT NOT THE AL
QAIDA 4.17/MMLINEES».
-- AL QAIDA IS A FOREIGN TERRORIST GROUP AND CANNOT BE
CONSIDERED A STATE PARTY TO THE GENEVA CONVENTION. ITS
MEMBERS THEREFORE ARE NOT COVERED BY THE GENEVA CONVENTION
AND CANNOT HAVE POW STATUS UNDER IT.
-- IN CONTRAST, AFGHANISTAN» IS A PARTY TO THE GENEVA
CONVENTION. ALTHOUGH WE HAVE NOT RECOGNIZED THE TALIBAN AS
THE LEGITIMATE AFGHAN GOVERNMENT, THE PRESIDENT DETERMINED
THAT TALIBAN MEMBERS ARE COVERED BY THE TREATY BECAUSE
cAlFGHANISTAIsT» .A PARTY TO THE CONVENTION.
-- UNDER ARTICLE 4 OF THE CONVENTION, HOWEVER, TALIBAN
MEUMMES» ARE NOT ENTITLED TO POW STATUS. THEY DO NOT FALL
WITHIN ANY OF THE CATEGORIES OF PERSONS SET FORTH IN
ARTICLE 4 WHO QUALIFY FOR POW «MUVU2MMU5.
-- THE GENEVA CONVENTION REQUIRES A TRIBUNAL ONLY IF..THERE
IS "ANY DOUBT". THE U.S. HAS NO DOUBT THAT THE AL QAIDA AND TALIBAN DETAINEES» [BEING HELD IN GUANTANAMO] ARE NOT
POWS.
-- THIS DECISION DOES NOT AFFECT «TREATMENT» OF THE
«arriumEs». THEY HAVE BEEN AND WILL BE TREATED HUMANELY AND
RECEIVE: THREE MEALS A DAY, MEDICAL CARE, CLOTHING,
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SHELTER, SHOWERS, AND THE OPPORTUNITY TO WORSHIP. THE
INTERNATIONAL COMMITTEE OF THE RED CROSS CAN VISIT EACH «DETAINEE» PRIVATELY, A RIGHT ACCORDED ONLY TO POWS.
-- THE WAR ON TERRORISM IS A NEW TYPE OF WAR NOT
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ENVISIONED WHEN THE GENEVA CONVENTION WAS SIGNED IN 1949.
IN THIS WAR, GLOBAL TERRORISTS TRANSCEND NATIONAL
BOUNDARIES, AND INTENTIONALLY TARGET THE INNOCENT,
-- THE PRESIDENT HAS MAINTAINED THE «VETTED» «STATES»'
COMMITMENT TO THE GENEVA CONVENTION, WHILE RECOGNIZING THAT
THE CONVENTION SIMPLY DOES NOT COVER EVERY SITUATION IN
WHICH PEOPLE MAY BE CAPTURED OR DETAINED BY MILITARY
FORCES, AS WE SEE IN «MRWANISTAN» TODAY. HE ARRIVED AT A
JUST, PRINCIPLED, AND PRACTICAL SOLUTION TO A DIFFICULT
ISSUE.
-- THE U.S. REMAINS COMMITTED TO THE GENEVA CONVENTION AND
PROUD OF ITS 50 YEARS OF COMPLIANCE WITH THE CONVENTION.
WE ARE ALSO OPEN TO DISCUSSING WITH OTHER NATIONS THE
POSSIBILITY OF A NEW INSTRUMENT CONCERNING THE «TREATMENT» OF
DETAINED PERSONS IN CONFLICTS NOT ENVISIONED IN 1949.
-- THIS DECISION SHOULD HAVE NO LEGAL OR PRACTICAL EFFECT
ON U.S. ARMED FORCES, WHICH ARE A REGULAR ARMED FORCE THAT
COMPLIES WITH THE LAWS AND.CUSTOMS OF WAR.
. 5. PRESS STATEMENT
FEBRUARY 7, 2002
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PAGE 09 STATE 024988 080342Z
STATEMENT BY THE PRESS SECRETARY
THE JAMES S. BRADY BRIEFING ROOM
1:40 P.M. EST
MR. FLEISCHER: I HAVE AN ANNOUNCEMENT TO MAKE. TODAY
PRESIDENT BUSH AFFIRMS OUR ENDURING COMMITMENT TO THE
IMPORTANT PRINCIPLES OF THE GENEVA CONVENTION. CONSISTENT
WITH AMERICAN VALUES AND THE PRINCIPLES OF THE GENEVA
CONVENTION, THE «UNITED» «STATES» HAS TREATED AND WILL
CONTINUED TO TREAT ALL TALIBAN AND AL QAEDA «DETAINEES» IN
GUANTANAMO BAY HUMANELY AND CONSISTENT WITH THE PRINCIPLES
OF THE GENEVA CONVENTION.
THEY WILL CONTINUE TO RECEIVE THREE APPROPRIATE MEALS A
DAY, EXCELLENT MEDICAL CARE, CLOTHING, SHELTER, SHOWERS,
AND THE OPPORTUNITY TO WORSHIP. THE INTERNATIONAL
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COMMUNITY OF THE RED CROSS CAN VISIT EACH «DETAINEE» PRIVATELY.
IN ADDITION, PRESIDENT BUSH TODAY HAS DECIDED THAT THE
GENEVA CONVENTION WILL APPLY TO THE TALIBAN ‹eminamms», BUT
NOT THE AL QAEDA INTERNATIONAL TERRORISTS.
«AFCMANISTAN» IS A PARTY TO THE GENEVA CONVENTION. ALTHOUGH
THE «UNITED» «STATES» DOES NOT RECOGNIZE THE TALIBAN AS A
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LEGITIMATE AFGHANI GOVERNMENT, THE PRESIDENT DETERMINED
THAT THE TALIBAN MEMBERS ARE COVERED UNDER THE TREATY
BECAUSE «AFGHANISTAN» IS A PARTY TO THE CONVENTION.
UNDER ARTICLE 4 OF THE GENEVA CONVENTION, HOWEVER, TALIBAN
«JMMMaNEES» ARE NOT ENTITLED TO POW STATUS. TO QUALIFY AS
POWS UNDER ARTICLE 4, AL QAEDA AND TALIBAN dmimansirs» WOULD
HAVE TO HAVE SATISFIED FOUR CONDITIONS: THEY WOULD HAVE TO
BE PART OF A MILITARY HIERARCHY; THEY WOULD HAVE TO HAVE
WORN UNIFORMS OR OTHER DISTINCTIVE SIGNS VISIBLE AT A
DISTANCE; THEY WOULD HAVE TO HAVE CARRIED ARMS OPENLY; AND
THEY WOULD HAVE TO HAVE CONDUCTED THEIR MILITARY OPERATIONS
IN ACCORDANCE WITH THE LAWS AND CUSTOMS OF WAR.
THE TALIBAN HAVE NOT EFFECTIVELY DISTINGUISHED THEMSELVES .
FROM THE CIVILIAN POPULATION OF «AAMMNISTAN». MOREOVER,
THEY HAVE NOT CONDUCTED THEIR OPERATIONS IN ACCORDANCE WITH
THE LAWS AND CUSTOMS OF WAR. -INSTEAD, THEY HAVE KNOWINGLY
ADOPTED AND PROVIDED SUPPORT TO THE UNLAWFUL TERRORIST
OBJECTIVES OF THE AL QAEDA.
AL QAEDA IS AN INTERNATIONAL TERRORIST GROUP AND CANNOT BE
CONSIDERED A STATE PARTY TO THE GENEVA CONVENTION. ITS
MEMBERS, THEREFORE, ARE NOT COVERED BY THE GENEVA
CONVENTION, AND ARE NOT ENTITLED TO POW STATUS UNDER THE
TREATY.
THE WAR ON TERRORISM IS A WAR NOT ENVISAGED WHEN THE GENEVA
CONVENTION WAS SIGNED IN 1949. IN THIS WAR, GLOBAL
TERRORISTS TRANSCEND NATIONAL BOUNDARIES AND
INTERNATIONALLY TARGET THE INNOCENT. THE PRESIDENT HAS
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PAGE 11 STATE 024988 080342Z MAINTAINED THE «UNITED» «STATES»' COMMITMENT TO THE PRINCIPLES OF THE GENEVA CONVENTION, WHILE RECOGNIZING THAT THE CONVENTION SIMPLY DOES NOT COVER EVERY SITUATION IN .WHICH
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PEOPLE MAY BE CAPTURED OR DETAINED BY MILITARY FORCES, AS WE SEE IN «AFGHANISTAN» TODAY.
HE ARRIVED AT A JUST, PRINCIPLED AND PRACTICAL SOLUTION TO
A DIFFICULT ISSUE. THE PRESIDENT DID SO BECAUSE, AS
AMERICANS, THE WAY WE TREAT PEOPLE IS A REFLECTION OF
AMERICA'S VALUES. THE MILITARY OPERATES UNDER A CODE OF
CONDUCT THAT UPHOLDS THESE VALUES, BASED ON THE DIGNITY OF
EVERY INDIVIDUAL.
THE AMERICAN PEOPLE CAN TAKE GREAT PRIDE IN THE WAY OUR MILITARY IS TREATING THESE DANGEROUS «DIMJNEES». THE CONVENTION REMAINS AS IMPORTANT TODAY AS IT WAS THE DAY IT WAS SIGNED, AND THE «UNITED» «STATES» IS PROUD OF ITS 50-YEAR HISTORY IN COMPLIANCE WITH THE CONVENTION. POWELL
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