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France

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. Mechanisms to investigate security force killings and pursue prosecutions include the police disciplinary body, the Inspector General of the National Police (IGPN), the Gendarmerie police disciplinary body, the Inspector General of the National Gendarmerie (IGGN), and a separate and independent magistrate that can investigate police abuses.

As of November 20, the country had experienced seven terrorist attacks during the year in Paris, Metz, the southeastern town of Romans-sur-Isere, Conflans-Sainte-Honorine, and Nice. A total of seven persons were killed and 12 injured. Each attack was carried out by a single individual. Police killed three attackers, injured one, and arrested three others for the attacks. In one of the attacks on January 3, for example, a man stabbed several persons in the Parisian suburb of Villejuif while reportedly yelling “Allahu akbar.” He killed one person and injured two others before police killed him. The national antiterrorist prosecutor’s office (PNAT) took jurisdiction of the investigation due to the suspect’s evident radicalization and planning for the attack. On October 29, a Tunisian terrorist killed three Christian worshippers in a church in Nice.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were a number of accusations that security and military personnel committed abuses.

On March 24, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its 2018 visit to examine the treatment and conditions of persons detained under immigration and asylum law. In each of the five administrative detention centers visited, a small number of persons claimed to have been physically abused by border police officials, most often in the context of verbal altercations. Several persons also reported insults, in particular of a racist nature, and disrespectful remarks on the part of border police officials, in the detention centers and in the waiting area (terminals and ZAPI 3) of the Roissy-Charles-de-Gaulle airport.

During the year there were reports that police used excessive force during regular antigovernment demonstrations by “Yellow Vest” protesters over perceived social inequality and loss of purchasing power, demonstrations against pension reforms in late 2019 and at the beginning of the year, and protests against alleged police racism and brutality. The annual report of the Inspector General of the National Police (IGPN), published on June 8, found that the number of investigations carried out by the inspectorate increased by nearly a quarter, compared with the same period in 2019. More than half of the 1,460 investigations pertained to “willful violence” by officers, a 41 percent increase from 2018, while nearly 39 percent of the cases of alleged police use of force pertained to public demonstrations. The report noted that the Yellow Vest protests had led to “an overload for the IGPN” with 310 related complaints.

On July 16, judicial sources announced three police officers were charged with manslaughter after the January death of a Paris delivery driver from asphyxia during his arrest by police. A fourth police officer was under investigation but had not been charged. The victim, Cedric Chouviat, was stopped by police close to the Eiffel Tower on January 3 in a routine traffic stop. In a video acquired by investigators, Chouviat was heard saying, “I’m suffocating,” seven times in 22 seconds as police held him down, allegedly in a chokehold.

Following several protests across the country against police violence and racism, on June 8, then interior minister Castaner announced adoption of new measures, including banning police use of chokeholds, improving and continuing training, requiring law enforcement officers to make their police identification number visible, increasing the use of body cameras, suspending officers under investigation for racism, and strengthening the IGPN to make it more “coherent” and independent.

Prison and Detention Center Conditions

While prisons and detention centers met international standards, credible NGOs and government officials reported overcrowding and unhygienic conditions in prisons.

Physical Conditions: As of July 1, the overall occupancy rate in the country’s prisons stood at 97 percent (58,695 prisoners for 60,592 spaces), with the rate at some facilities reaching 150 percent. Due to COVID-19 prevention measures, the number of prisoners hit a record low, the first time in decades the overall prison population was below capacity.

On May 20, the Ministry of Justice released an internal memo directing its prosecutors and judges to apply fully a March 25 legal reform that limits new prison entries and ensures the prison population remains within capacity. The internal memo requires “sustained mobilization in favor of penalty adjustment,” which in practice leads to curtailing some sentences as they near completion and limits courts’ ability to apply short prison sentences.

NGOs agreed that detention conditions for women were often better than for men because overcrowding was less common.

The CPT visited five administrative detention centers, four waiting areas, and the Franco-Italian border to examine the situation of persons not admitted to French territory. In its March 24 report, the CPT expressed concern regarding the austerity of the facilities, the absence of activities for detainees, and the lack of contact with staff. The visit to the “sheltering” premises at a police station in Menton-Pont-Saint-Louis for detained migrants revealed substandard physical conditions. A small number of detainees also claimed to have been subjected to violence by codetainees.

Overcrowding in overseas territories tracked the national trends. The Ministry of Justice reported in July that the occupancy rate for all prisons in overseas territories was 100 percent and reached 149 percent at the Faa’a Nuutania prison in French Polynesia.

On January 30, the European Court of Human Rights ruled the state violated protections in the European Convention on Human Rights against inhuman and degrading treatment by allowing overcrowding and unsanitary conditions in its prisons after it heard complaints from 32 inmates held in prisons in Nice, Nimes, and Fresnes as well as the overseas territories of Martinique and French Polynesia. In response to the decision, the Supreme Court issued a ruling on July 8 that allows judges to release prisoners when they determine detention conditions to be degrading. The Supreme Court reversed case law, ruling that it was up to the judge to ensure adequate detention conditions and that if conditions violating human dignity could not be remedied, the judge should order the prisoner’s immediate release.

Administration: Authorities generally conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers, both local and foreign. In addition to periodic visits by the CPT, the UN Committee against Torture regularly examined prisons. On July 6-10, a CPT delegation carried out an ad hoc visit to assess the situation of persons deprived of their liberty in Alsace, a region particularly affected by the COVID-19 pandemic. The delegation visited various detention facilities and examined measures taken to protect both detainees and staff before, during, and after the two-month COVID-19 lockdown imposed by authorities.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but lengthy pretrial detention remained a problem.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police may immediately arrest suspects caught committing an illegal act. While in police custody, a person has the right to know the legal basis and expected duration of the detention, to remain silent, to have representation by counsel, to inform someone such as a family member or friend, and to be examined by a medical professional. Defense lawyers have the right to ask questions throughout an interrogation. Authorities generally respected these rights.

The law allows authorities to detain a person up to 24 hours if police have a plausible reason to suspect such person is committing or has committed a crime. A district prosecutor has the authority to extend a detention by 24 hours. A special judge, however, has the authority to extend detention by 24-hour periods up to six days in complex cases, such as those involving drug trafficking, organized crime, and acts of terrorism. A system of bail exists, and authorities made use of it.

Detainees generally have access to a lawyer, and the government provides legal counsel to indigent detainees. The law also requires medical examiners to respect and maintain professional confidentiality. The law forbids complete strip searches except in cases where authorities suspect the accused of hiding dangerous items or drugs.

Pretrial Detention: Long delays in bringing cases to trial and lengthy pretrial detention were problems. Although standard practice allowed pretrial detention only in cases involving possible sentences of more than three years in prison, some suspects spent many years in detention before trial. As of July pretrial detainees made up 34 percent of the prison population.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary. The government generally respected judicial independence and impartiality, although delays in bringing cases to trial were a problem. The country does not have an independent military court; the Paris Tribunal of Grand Instance (roughly equivalent to a district court) tries any military personnel alleged to have committed crimes outside the country.

Trial Procedures

The constitution and law provide for the right to a fair trial, and an independent judiciary generally enforced this right. The usual length of time between charging and trial was approximately three years. Defendants enjoyed a presumption of innocence, and authorities informed defendants of the charges against them at the time of arrest. Except for those involving minors, trials were public. Trials were held before a judge or tribunal of judges, except in cases where the potential punishment exceeded 10 years’ imprisonment. In such cases a panel of professional and lay judges heard the case. Defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provided an attorney at public expense if needed when defendants faced serious criminal charges. Defendants were able to question the testimony of prosecution witnesses and present witnesses and evidence in their defense. Authorities allowed defendants adequate time and facilities to prepare a defense. Defendants have the right to remain silent and to appeal. Defendants who do not understand French are provided with an interpreter.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary in civil matters and access to a court to submit lawsuits seeking damages for, or cessation of, human rights violations. Individuals may file complaints with the European Court of Human Rights for alleged violations of the European Convention on Human Rights by the government once they have exhausted avenues for appeal through the domestic courts.

Property Restitution

France endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. The government has laws and mechanisms in place for property restitution, and NGOs and advocacy groups reported the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens. The country has restitution and reparation measures in place covering all three types of immovable property: private, communal, and heirless.

In 2014 France and the United States signed the bilateral Agreement on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs. The agreement provides an exclusive mechanism to compensate persons who survived deportation from France (or their spouse or other designee) but did not benefit from the pension program established by the government for French nationals or from international agreements concluded by the government to address Holocaust deportation claims. Pursuant to the agreement, the government of France transferred $60 million to the United States, which the United States used to make payments to claimants that it determined to be eligible under the agreement.

France endorsed the 1998 Washington Principles on Nazi-confiscated Art and set up a commission to address the restitution of and/or compensation, primarily providing compensation to individual victims or their heirs. As of year’s end, few artworks had been returned, in part because France had not yet passed a law permitting state museums to deaccession objects in their collections. Critics contend that restitution was haphazard and that French museums were slow or even loathe to return Nazi-looted art.

The country’s government launched an official mission in 2019 for the discovery and restitution of Nazi-looted art held in French museums. A newly dedicated office within the Ministry of Culture, the Mission for Research and Restitution of Stolen Cultural Property, employed a five-person staff and a 200,000 euro ($240,000) annual budget to seek out the rightful owners or heirs of artworks, including those in museums and galleries, stolen or sold under duress during the country’s occupation. The office coordinated research and investigated claims submitted to the Commission for the Compensation of Victims of Spoliation (CIVS). It also mobilized museum experts, supported university-level research, and aided in the appointment of in-house specialists at art institutions. As of April 2019, the Ministry of Culture did not have the final say on restitution; the authority for final decisions on restitution rests with the Commission for the Compensation of Victims of Spoliation under the Office of the Prime Minister. The separation of authority seeks to address criticisms that museum officials would be reluctant to hand over valuable artwork. The office worked closely with counterparts in Germany, Austria, the Netherlands, and the United Kingdom, in addition to museums and universities. The Ministry of Culture also stated it would take a more active role in the search and restitution of stolen properties.

On July 1, in a final and definitive ruling, the Supreme Court upheld a decision to restore a Camille Pissarro painting to the descendants of a Jewish family who owned the artwork before it was seized during World War II. “The Picking of Peas,” painted in 1887 and stolen in 1943, reappeared in Paris in 2017. A foreign couple claimed to own it, but several courts ruled the work belonged to the descendants of Jewish collector Simon Bauer and ordered its restitution.

On September 30, a Paris appeals court ordered the French state to return three pieces of art to the heirs of a Jewish collector who died in a German concentration camp in 1945. The artworks by Andre Derain were housed at the modern art museum in Troyes and the Cantini museum in Marseille. They had initially been in the collection of Parisian gallery owner Rene Gimpel, who was denounced by a rival dealer after joining the resistance. The works were expropriated when he was arrested. In the ruling, the court overturned the judgment of a lower court that in 2019 rejected a bid for the artworks’ restitution to Gimpel’s heirs. The lower court had found there were doubts regarding the authenticity of the paintings, but appeals judges stated there were “accurate, serious and consistent indications” that the works were the same ones taken from Gimpel.

On September 25, the Council of State–the country’s top administrative court–rejected two travelers’ associations’ claims for restitution of goods looted during World War II. The UDAF and FLV associations asked the Council of State to annul or expand provisions of a 1999 decree that provides compensation for “victims of looting under the anti-Semitic laws.” But in a ruling that closely followed prior decisions, the court found it legal to differentiate between victim groups, because only Jews were subject to a “policy of systematic extermination” under the Nazi occupation and laws.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit interference with privacy, family, home, or correspondence, and there were no reports of government failure to respect these prohibitions.

The government continued implementing amendments to the law passed in 2015 that allow specialized intelligence agencies to conduct without approval from a judge real-time surveillance on both networks and individuals for information or documents regarding a person identified as posing a terrorist threat. Following passage of the amendments, the Council of State, the country’s highest administrative court that hears cases in first and last instance and is both advisor to the government and the Supreme Administrative Court, issued three implementing decrees designating the agencies that may engage in such surveillance, including using devices to establish geolocation.

To prevent acts of terrorism, the law permits authorities to restrict and monitor the movement of individuals, conduct administrative searches and seizures, close religious institutions for disseminating violent extremist ideas, implement enhanced security measures at public events, and expand identity checks near the country’s borders. The core provisions of the antiterrorism law were to expire at the end of the year unless renewed by parliament.

Germany

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. In the event of a killing by security forces, police begin an internal investigation under the leadership of the state prosecutor.

The trial against two right-wing extremist suspects for the June 2019 killing of local Hesse politician Walter Luebcke began June 16. The crime was widely viewed as a politically motivated killing of a known prorefugee state official. The main defendant, Stephan Ernst, was also accused of the 2016 homicide of an Iraqi asylum seeker, and prosecutors believed he committed both acts out of ethnonationalist and racist motivations. On August 5, Ernst confessed in court to having shot Luebcke but blamed codefendant Markus Hartmann for incitement. The Hesse state parliament launched a committee to investigate the failure of Hesse’s domestic security service to identify Stephan Ernst as a danger to society. Frankfurt prosecutors are investigating 72 persons for having threatened Luebcke on the internet following his 2015 prorefugee remarks. Trials against three of these defendants–for defamation and endorsement of murder, public incitement of criminal acts, and incitement of bodily harm–ended with small fines in August.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations. The 2019 interim report of a continuing study by researchers at the University of Bochum estimated police used excessive force in 12,000 cases annually, of which authorities investigated approximately 2,000. Investigations were discontinued in 90 percent of the cases, and officers were formally charged in approximately 2 percent of the cases. Less than 1 percent of the cases resulted in conviction of the accused officer.

In July, two police officers in Thuringia were sentenced to two years and three months’ incarceration for the sexual abuse of a woman while the officers were on duty in September 2019. After checking a Polish couple’s identity papers and determining they were fake, the officers drove the woman to her apartment, where they sexually abused her. Due to a lack of evidence, the court reduced the charge from rape to sexual abuse while exploiting an official position, because the woman could not be located to testify at trial. Both the prosecution and defense appealed the sentence, with the prosecution hoping the woman could be found so that rape charges could be reintroduced and the defense arguing that without new evidence, no additional charges should be brought. The appeals process was still in progress as of July.

In July 2019 Cologne police shot an unarmed man, 19-year-old Alexander Dellis, when he fled arrest. Dellis filed a complaint against police regarding the proportionality of the response, and the public prosecutor was investigating.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Between 2017 and 2019, several state parliaments expanded police powers. The new state laws enable police to take preventive action against an “impending danger.” Critics argued that this provision expands police’s surveillance power, which had been reserved for the country’s intelligence services. As of September cases against new laws in Bavaria and Baden-Wuerttemberg were pending at the Federal Constitutional Court, as was a separate case at the Saxony Constitutional Court regarding that state’s law.

While several states required police to wear identity badges, the nongovernmental organization (NGO) Amnesty International Germany criticized the lack of a nationwide requirement to do so.

In February a 29-year-old man was acquitted a third time of charges of resisting police officers, causing bodily harm, and insulting an officer in Cologne. The Cologne District Court judge in the man’s April 2019 second trial dismissed the charges as unfounded and apologized to the defendant. Nonetheless, the public prosecutor filed a second appeal. The officers were themselves placed under investigation in 2019, and those investigations continued in November.

Arrest Procedures and Treatment of Detainees

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to be informed promptly and in detail of the charges against them. The trial shall be fair, public, and held without undue delay. The law requires defendants be present at their trials. Defendants have the right to consult with an attorney of their choice, and the government provides an attorney at public expense if defendants demonstrate financial need, as stated above. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense. The government provides an interpreter to any defendant who cannot understand or speak German and does so free of charge if the defendant demonstrates financial need or is acquitted. Defendants have access to all court-held evidence relevant to their cases. Defendants may question the prosecution’s witnesses and may introduce their own witnesses and evidence in support of their case. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

The law does not allow courts to punish a person twice for the same crime. A court may, however, order an offender convicted of rape, homicide, or manslaughter to spend additional time in “subsequent preventive detention” after completing a sentence. The court can only order preventive detention if it determines that the offender suffers from a mental disorder or represents a continuing serious danger to the public. The law permits the imposition of such detention for an indefinite period, subject to periodic review.

Because the law does not regard such detention as punishment, authorities are legally required to keep those in preventive detention in separate buildings or in special prison sections with better conditions than those of the general prisons. Authorities must also provide detainees with a range of social and psychological therapy programs. According to the Federal Statistics Office, 551 offenders were held under preventive detention at the end of March 2019.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Citizens may file complaints about abuses of their human rights with petition committees and commissioners for citizens’ affairs. Citizens usually referred to these points of contact as “ombudsmen.” Additionally, an independent and impartial judiciary in civil matters provides court access for lawsuits seeking damages for, or cessation of, a human rights abuse. Persons who exhaust domestic legal remedies may appeal cases involving alleged government violations of the European Convention on Human Rights to the European Court of Human Rights.

Property Restitution

The government has laws and mechanisms in place, and NGOs and advocacy groups reported it made significant progress on resolution of Holocaust-era claims, including for foreign citizens. Since the end of World War II through 2019, according to the Federal Ministry of Finance, the government paid approximately 77.8 billion euros ($93.4 billion) in Holocaust restitution and compensation. The country has also supported numerous public and private international reparation and social welfare initiatives to benefit Holocaust survivors and their families.

After World War II, the government adopted legislation to resolve compensation claims stemming from Nazi atrocities and Holocaust-era property confiscation. In 1952 the government designated the Conference on Jewish Material Claims against Germany (also known as the Jewish Claims Conference or JCC) as its principal partner in handling restitution and compensation claims made by Jewish victims of Nazi persecution.

Before German reunification in 1990, in accordance with the Federal Restitution Law, West German authorities provided property restitution and compensation payments for properties and businesses that were confiscated or transferred during the Holocaust era. The JCC assumed ownership of and auctioned off heirless properties, using the proceeds to fund the organization’s efforts to support Holocaust survivors and fund Holocaust education. For confiscated Jewish property located in what was formerly East Germany, the JCC filed additional claims under the 1990 Property Law, enacted after reunification. Since 1990 authorities have approved and granted restitution in 4,500 cases and provided compensation in approximately 12,000 cases. There were approximately 5,000 cases involving fixed assets pending processing at the Federal Office for Central Services and Unsettled Property Issues, including land, real estate, and company shares.

Regular negotiations between the JCC and the country’s federal government have expanded existing programs and introduced additional ones. In the September negotiations, the government agreed to increase the total funding level for 2021 by 30.5 million euro ($36.6 million) for home-care services for frail and aging Holocaust survivors. This brought the total global allocation to 554.5 million euro ($665.4 million). In addition, survivors who received previous one-time payments under a hardship fund are scheduled to receive additional payments of $1,400 in 2020 and 2021.

In 2015 the federal government established the German Lost Art Foundation (DZK) to promote provenance research. The DZK maintains an online “Lost Art” database. The database documents objects suspected or proven to be confiscated by the Nazis. In January the DZK launched an additional research database, presenting the results of research projects funded by the foundation and linked with other databases to support provenance research by documenting historical information. The DZK also created a help desk as a contact and information point for victims and their heirs to assist in conducting research by finding the right institutions and contacts.

In January, Minister of State for Culture Monika Gruetters presented three pieces of Nazi-looted art to the rightful heirs from France. Two of the paintings were from the Gurlitt Collection of approximately 1,500 pieces of looted art.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released on July 29, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were assertions the government failed in some cases to respect these prohibitions.

The federal and state offices for the protection of the constitution (OPCs) continued to monitor political groups deemed to be potentially undermining the constitution, including left-wing extremist groups inside the Left party and right-wing extremist groups inside the Alternative for Germany (AfD), both of which have seats in the Bundestag, as well as the right-wing extremist National Democratic Party. Monitoring requires the approval of state or federal interior ministries and is subject to review by state or federal parliamentary intelligence committees.

On March 12, the Federal Office for the Protection of the Constitution (FOPC) announced it would formally surveil “the Wing,” a loose network consisting of far-right AfD party members. The FOPC took this step because the Wing aimed “at the exclusion, disparagement, and extensive deprivation of rights” of minorities and violated “the guarantee of human dignity as well as the principles of democracy and the rule of law.” At the end of April, in reaction to this announcement, the board members of “the Wing” dissolved their network.

On March 12, the state-level OPC in Thuringia announced it would monitor the AfD in Thuringia due to the party’s “general contempt” of migrants, its attempts to limit religious freedom through its concept of “de-Islamization,” and its maintenance of “personal links to extremist groups.”

On June 15, the Brandenburg OPC followed suit, announcing it would begin monitoring the state chapter of the AfD. State Interior Minister Stuebgen stated the Brandenburg AfD had grown increasingly radical since its founding and was “clearly directed against our free democratic basic order.”

In July the OPC in Saxony announced it would delete all of the information it had collected on members of the AfD who were members of state, federal, and European parliaments, because the constitutional prerequisite for data collection had not been met. The OPC could only collect elected officials’ information where the OPC had evidence the targeted officials were pursuing anticonstitutional goals. The Saxony OPC retracted the announcement a week later, stating that it was verifying whether this legal criterion had, in fact, been met. As of August the verification process was still in progress.

All OPC activities may be contested in court, including the Federal Constitutional Court. Following a 2014 Constitutional Court ruling, the government stated the FOPC would no longer monitor Bundestag members.

In 2018 approximately 30 politicians, journalists, and media figures (mostly women or minorities) reported having received threatening letters, often signed “NSU 2.0.” In at least two cases, the letters contained nonpublic information accessed from computers at Hesse police stations. One of the recipients was a lawyer who had defended victims’ families in the 2013-18 trials related to the right-wing terrorist organization National Socialist Underground. Investigators found that a police officer in Frankfurt had conducted an unauthorized search for her address; the officer also took part in a group chat with four other Frankfurt officers in which they shared right-wing extremist images and messages. The Hesse State Office for Criminal Investigation eventually identified 70 suspects within Hesse’s police force, of whom six were dismissed from office, while others have since been exonerated. Thirty individual investigations continued as of September, but the investigation has been unsuccessful in finding those responsible for sending the letters.

In 2018 Hamburg Data Protection Officer Johannes Caspar ordered Hamburg police to cease collecting facial recognition templates from cameras in public areas. Caspar stated the police database containing these templates was illegal because it continually collected images of innocent citizens. In May, Caspar confirmed that police had deleted the database. During the year Caspar also began legal action against Clearview, a New York-based firm, after a Hamburg man complained the company had violated his privacy when it obtained his image through data crawling.

In May the Gelsenkirchen administrative court ruled the Dortmund police may not use video cameras to monitor a street inhabited by suspected neo-Nazis. Four residents who are members of the Dortmund neo-Nazi scene sued to stop the recording.

Italy

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

On March 2, Naples prosecutors charged a police officer with murder for killing a minor while responding to an attempted armed robbery on February 29. The police officer’s lawyers asserted the officer considered the victim to be an imminent threat to his life and acted in self-defense.

Prosecutors investigate crimes committed by police forces and prosecute suspects. Courts investigate and prosecute alleged killings by security forces. Military prosecutors and judges investigate alleged killings by the military.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were some reports that government officials employed them.

In a report on its March 2019 visit, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated that at Viterbo Prison it heard a considerable number of allegations of physical mistreatment of prisoners by staff, mainly with slaps, punches, and kicks. There was a specific allegation of blows with metal cell keys on an inmate’s head. At Saluzzo Prison the CPT delegation heard additional allegations of physical mistreatment of inmates by staff consisting of punches and kicks. At Biella and Milan Opera Prisons, it received a few allegations of physical mistreatment, consisting mainly of excessive use of force by staff on inmates.

On July 22, authorities closed a police station in Piacenza and arrested 11 Carabinieri officers suspected of involvement in a criminal gang that made illegitimate arrests, tortured arrestees, trafficked narcotics, and carried out extortion from 2017 to 2020. On July 20, prosecutors in Turin opened an investigation into the director and chief of prison guards of the Turin prison for abetting the mistreatment of detainees in at least 10 cases in 2018 and 2019 and for failing to report those guards responsible to authorities.

According to the daily Domani, on April 6, approximately 300 corrections officers rounded up and beat a group of prisoners in the Santa Maria Capua Vetere prison who had protested for more masks, gloves, and sanitizer to protect against the COVID-19. According to testimony given to the nongovernmental organization (NGO) Associazione Antigone, several of the inmates were stripped naked, insulted, and beaten. Prosecutors reportedly opened investigations into 57 corrections officers for torture and abuse of power.

According to the Conduct in UN Field Missions online portal, in July there was one allegation of sexual exploitation and abuse by an Italian peacekeeper deployed in the UN Interim Force in Lebanon. The allegation involved an exploitative relationship with an adult. As of September, the government was investigating the allegation.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions met international standards overall, but some prisons were overcrowded and antiquated.

Physical Conditions: Prison populations at the Latina, Larino, and Taranto prisons were at more than 170 percent of capacity. While the law requires the separation of pretrial detainees from convicted prisoners, Associazione Antigone reported authorities at those prisons held them together.

The CPT found deteriorating physical and structural conditions in one wing of Viterbo Prison. According to a report in May by Associazione Antigone, the cells in 25 of 98 prisons visited from 2019 to 2020 did not meet the minimum requirement of 32 square feet for each detainee. Lack of activity for inmates contributed at times to self-inflicted violence. The NGO Ristretti reported that 46 prisoners committed suicide as of October. In several cases health care in prisons, including diagnosis, treatment, and psychiatric support, was insufficient. The suspension of family visits enacted as part of the government’s response to the COVID-19 pandemic initially triggered prison riots. Between March 7 and April 20, approximately 10,000 inmates rioted in 49 of the 194 detention centers countrywide, resulting in the death of 13 detainees. Nine died in Modena, of whom four died from a drug overdose after they looted the prison pharmacy. NGOs also expressed concern about the prison management’s ability to contain the spread of COVID-19 in prisons such as San Vittore in Milan, where several inmates shared small cells. Due to the COVID-19 pandemic, the government authorized judges to release individual inmates considered to be at high risk of COVID-19 and initiated virtual visits with family.

Administration: Authorities investigated credible allegations of mistreatment. Several foreign Muslim prisoners at Biella and Viterbo Prisons complained to the CPT that their religious requirements were not adequately taken into account in the provision of food.

Independent Monitoring: The government permitted independent human rights organizations, parliamentarians, and media to visit prisons and detention centers. The government also provided representatives of the Office of the UN High Commissioner for Refugees (UNHCR) and NGOs access to migrant and refugee detention centers, in accordance with UNHCR’s standard procedures. On January 21, the CPT released a report on its visit to the country in March 2019.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

To detain an individual, police must have a warrant issued by a public prosecutor, unless a perpetrator is caught in the act or there is a specific and immediate danger to which a police officer is responding. The law requires authorities to inform a detainee of the reason for arrest. If authorities detain a person without a warrant, an examining prosecutor must decide within 24 hours of detention whether there is enough evidence to validate the arrest. An investigating judge then has 48 hours to affirm the arrest and recommend prosecution. In cases of alleged terrorist activity, authorities may hold suspects up to 48 hours before bringing the case to a magistrate. These rights and processes generally were respected.

There is no provision for bail, but judges may grant detainees provisional liberty while awaiting trial. The government provides a lawyer at its expense to indigent persons. The law requires authorities to allow a detainee to see an attorney within 24 hours of his or her arrest, or within 48 hours for cases of suspected terrorist activities. Access to an attorney can take up to five days under exceptional circumstances if the investigating judge needs to interrogate the accused concerning organized crime, or if the judge foresees a risk the attorney may attempt to tamper with the evidence.

Pretrial Detention: Pretrial detention that exceeded the legal time limit of two to six years and trial delays caused problems. Authorities normally adhered to the maximum term for pretrial detention; in no case did it equal or exceed the maximum sentence for the alleged crime. According to independent analysts and magistrates, the large number of drug and immigration cases awaiting trial, the lack of judicial remedies, the high number of foreign detainees, and insufficient digitalization of trial records resulted in delays. In some cases detainees could not be placed under house arrest, because they had no legal residence or because there was a shortage of resources, including officers, judges, and administrative staff.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. There were isolated reports that judicial corruption and politically motivated investigations by magistrates impeded justice. Several court cases involved long trial delays.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them. Trials are fair and public, but they can be delayed if there is an insufficient number of judges and administrative clerks or due to legal maneuvering. Defendants have the right to be present at their trials.

The law provides for defendants to have access to an attorney of their choice in a timely manner or to have one provided at public expense if they are unable to pay. Defendants had adequate time to discuss and prepare cases with their lawyers in appropriate facilities available in all prisons. Judiciary experts reported foreign detainees were unable to access needed interpretation or translation services in a timely manner. A defendant has the right to confront and question opposing witnesses and to present his or her own witnesses and evidence. Defendants may not be forced to testify or confess guilt, and they have a right to appeal verdicts.

Domestic and European institutions criticized the slow pace of the judicial process. The Ministry of Justice reported the time to come to the first trial for penal offenses in 2019 averaged 392 days, and 840 days if the case was appealed. The country’s “prescription laws” (statutes of limitations) in criminal proceedings require that a trial end by a specific date. Courts determine when the statute of limitations applies. Defendants sometimes took advantage of delays in order to exceed the statute of limitations, which allowed them to avoid a guilty sentence at trial or be released pending an appeal. In 2018 the Ministry of Justice reported the statute of limitations applied to 120,907 cases. The percentage of detainees who received a final sentence, or a sentence that could not be appealed, has risen over the previous 10 years. As of September 30, 66 percent of detainees received a final sentence compared with 51 percent in 2009.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

By law individuals and organizations may seek civil remedies for human rights violations through domestic courts. Individuals may bring cases of alleged human rights violations by the government to the European Court of Human Rights once they exhaust all avenues for a remedy in the domestic court system.

Property Restitution

The government has endorsed the Terezin Declaration and worked toward fulfilling its goals and objectives. The Jewish community has no outstanding restitution claims with the government. The Anselmi Commission, a technical body with the mandate to investigate the confiscation of Jewish assets during the Holocaust and the restitution of them after the Holocaust, reported in 2002 that, in general, deported survivors who claimed assets received them back, but those survivors or heirs who did not claim assets remained uncompensated. Governmental institutions, however, have not followed up on the Anselmi Commission’s recommendations to try to identify survivors or their heirs entitled to unclaimed property. The Union of Italian Jewish communities reported that, in general, most confiscated assets were returned to their owners or next of kin except in cases when the latter could not be identified. It noted that national and local authorities have not been fully effective in seeking out potential claimants for communal and heirless property but characterized the government as cooperative and responsive to community concerns in the area of protection and restoration of communal property. The Rome Jewish Community continued to seek international assistance in restoring the contents of the Jewish communal library of Rome looted by the Nazis in 1943.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, 2020, can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports of arbitrary or unlawful interference by the government.

United Kingdom

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

The Independent Office for Police Conduct investigates whether security force killings were justifiable, and if appropriate, passes cases to the Crown Prosecution Service to pursue prosecution.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were a few reports that government officials employed them.

A female convict with a diagnosed borderline personality disorder alleged to the visiting delegation from the Council of Europe’s Committee on the Prevention of Torture (CPT) visiting Scotland in October 2019 that she was twice roughly handled during transfers between prisons resulting in bruises on her left upper thigh, on her left elbow, and a black eye in the first instance and injuring her elbow in the second. The CPT investigated uses of force at the Cornton Vale Prison in Scotland, where the woman was incarcerated. Authorities provided more than 200 incident reports covering the period from October 2018 to the day of the visit (i.e., one year). Half of all the incidents involved control and restraint measures and, notably, the use of wrist and thumb-locks. In approximately 25 percent of the incidents when force was used, the female prisoners involved had shown aggression and had first attacked prison staff. In approximately 75 cases, the female prisoners had failed to comply with orders to move cells or get into their cells. In 27 of these control and restraint cases, the refusal to comply with orders had happened after acts of self-harm or suicide attempts.

On February 20, the Subcommittee on Torture of the UN Human Rights Council reported on a visit to the country in September 2019. The report has not been published.

Impunity was not a problem in the security forces. The Independent Office for Police Conduct, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, and Her Majesty’s Inspectorate of Prisons carried out investigations into complaints of abuses by security forces. The United Kingdom’s (UK’s) College of Policing incorporates human rights-oriented guidance on policing into its Authorized Professional Practice, the official source of policing practice.

Prison and Detention Center Conditions

Prison and detention center conditions met international standards but had shortcomings. The government has documented and was investigating these problems.

Physical Conditions: The 2019-20 annual report by Her Majesty’s chief inspector of prisons found that 12 of 14 men’s prisons in the UK had “poor or less than suitable” levels of safety. It also found that only 40 percent of prisons followed the recommendations laid out by the Prisons and Probation Ombudsman following a death in custody, and that several men’s prisons, such as Hewell, and youth institutions, such as Feltham A, were missing documentation recording the use of force, making it difficult to evaluate whether force was used proportionally.

The Ministry of Justice recorded 64,552 incidents of self-harm in UK prisons from March 2019 to March 2020, up 11 percent from the previous 12 months. The chief inspector of prisons found that self-harm had risen in all immigration detention centers.

The CPT delegation that visited England found severe overcrowding (147 percent of capacity) at Doncaster Prison. The CPT also noted that the population of women prisoners was 85 percent higher than what facilities were designed to support, resulting in many women prisoners being held in primarily men’s facilities. According to the International Center for Prison Studies, as of August 28, the overall occupancy level in prisons in England and Wales was 104.6 percent. The CPT also recommended a “deep-cleaning and refurbishment” of the Liverpool and Wormwood Scrubs Prisons.

The House of Commons Justice Select Committee conducted an inquiry in July to evaluate the effectiveness of measures put in place in March to guard the prison population from COVID-19. The final report showed that some prisoners detained during the pandemic were kept in conditions akin to “internationally accepted definitions of solitary confinement.” Citing the wide variation in the interpretation of COVID-19 prevention measures in prisons across the UK, the committee recommended that the Ministry of Justice set a standard minimum time out of cell and provide additional mental health support to prison populations. During the strictest pandemic lockdown measures from March to July, 23 prisoners and nine prison staff members eventually died after testing positive for the virus.

The CPT’s report on its visit to Scotland expressed concern about the use of “long-term segregation” and recommended that “alternatives…should urgently be considered.”

The Urgent Notification Protocol allows the chief inspector of prisons to alert the lord chancellor and secretary of state for justice directly if he or she has an urgent and significant concern about the performance of a prison. There were no urgent notifications during the year.

According to the Ministry of Justice, from June 2019 to June 2020, there were 294 deaths in prison custody, a decrease of 5 percent from 309 deaths the previous 12 months. Of these, 76 deaths were self-inflicted, a 13 percent decrease from the 87 self-inflicted deaths in the previous 12 months. Serious prisoner-on-prisoner assaults decreased by 8 percent to 2,782 in the 12 months to March. During the same period, serious assaults on staff decreased by 5 percent to 953.

Offenders younger than age 20 were held in young offender institutions. Security training centers (STCs) are institutions for young persons up to the age of 17. There were three STCs in England and Wales. The Inspectorate of Prisons warned the House of Commons Justice Select Committee it was “unacceptable” that children in young offender institutions were being locked up in excess of 22 hours a day during the COVID-19 pandemic. The CPT report on England stated that between 2016 and 2019, assaults both on staff members and on other young persons at the Feltham A and Cookham Wood Young Offenders Institutions and the Rainsbrook Secure Training Centre had risen by 10 percent at Cookham Wood and by more than 100 percent at Feltham A and at Rainsbrook. It noted “widespread” use of force by guards in all three institutions.

Separate from prisons, there were seven immigration removal centers in England and Wales used solely for the detention of failed asylum seekers and migrants. In May a report by Her Majesty’s Chief Inspectorate of Prisons found that four of the eight immigration removal centers had “dramatically reduced their populations” since March because migrants can only be held if there is a reasonable expectation of removal. Given the widespread use of travel bans to stop the spread of COVID-19, this expectation did not exist, allowing detainees to be released until removal proceedings could be resumed. There was no update to this trend at year’s end.

The CPT delegation that visited Scotland in October 2019 considered the separation and reintegration unit of the Scottish Cornton Vale Prison was “a totally inappropriate environment for holding vulnerable women prisoners, especially mentally ill and young women, for long periods of time.” In Scotland the CPT found that two women in the segregation unit at Cornton Vale Prison (known as “the Dumyat”) were locked alone in their cells for 23.5 to 24 hours each day, allowed at most one hour of outside exercise alone and 15 minutes on the telephone every day. They were offered no purposeful activities to structure their days and no mixing with other prisoners.

There were 13 publicly managed and two privately managed prisons in Scotland.

In 2019 there were 37 deaths in custody in Scotland, of which 28 resulted from natural causes and nine resulted from suicide.

According to the annual Northern Ireland prisoner ombudsman report for 2018/19, the latest data available, investigations into eight deaths were carried out. Five of those deaths were suicides, and the other three were due to natural causes.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: In England and Wales, the government permitted monitoring by independent nongovernmental observers. Every prison, immigration removal center, and some short-term holding facilities at airports have an independent monitoring board. Each board’s members are independent, and their role is to monitor day-to-day activity in the facility and to ensure proper standards of care and decency. Members have unrestricted access to the facility at any time and can talk to any prisoner or detainee they wish, out of sight and hearing of staff, if necessary.

Scotland operates the Independent Prison Monitoring system. The 2018-19 annual report by the chief inspector of prisons for Scotland, the latest information available, found that “prisoners and staff reported they felt largely safe” and that there were “positive and respectful relationships between staff and prisoners.”

On April 30, the CPT published the report of its visit to England in May 2019. On October 8, it published the report of its visit to women’s prisons in Scotland in October 2019.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government routinely observed these requirements.

Police officers in England and Wales have powers to stop and search anyone if they have “reasonable grounds” to suspect the individual may be in possession of drugs, weapons, stolen property, or any item that could be used to commit a crime.

In Scotland guidelines allow police to stop and search persons only when police have “reasonable grounds,” a refinement after criticism that stop-and-search was being used to target specific racial groups. Data published in April revealed 32,107 stop and searches conducted between April and December 2019.

Arrest Procedures and Treatment of Detainees

Nationally there is a functioning bail system, but defendants may be denied bail if they are judged to be flight risks, likely to commit another offense, are suspected terrorists, or for other limited circumstances.

If questioned at a police station, all suspects in the UK have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. In Gibraltar the Duty Legal Representative Scheme provides free legal representation to anyone in Gibraltar police custody earning less than 14,000 pounds ($18,480) per year, the minimum wage. All law firms in Gibraltar with five or more lawyers are required to register as part of the scheme.

In Scotland police may detain a suspect for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Authorities respected this right. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.

In Bermuda a court must issue a warrant for an arrest to proceed. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense that is not an arrestable offense has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions may be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification. Authorities respected this right.

There is a functioning system of bail in Bermuda. House arrest and wearing an electronic monitoring device may be a condition of bail. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism.

Pretrial Detention: On September 26, temporary legislation came into effect extending the maximum length of pretrial detention from 182 to 238 days to address delays in jury trials due to COVID-19.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary routinely enforced this right. Defendants enjoy a presumption of innocence, and the right to be informed promptly and in detail of the charges. Criminal proceedings must be held without undue delay and be open to the public except for cases in juvenile court or those involving public decency or security. Under the Official Secrets Act, the judge may order the court closed, but sentencing must be public. Defendants have the right to be present at their trial.

Defendants have the right to communicate with an attorney of their choice or to have one provided at public expense if unable to pay. Defendants and their lawyers have adequate time and facilities to prepare a defense and free assistance of an interpreter if necessary, from the moment charged through all appeals. Defendants have the right to confront witnesses against them, to present their own witnesses and evidence, and not to be compelled to testify or to confess guilt. Defendants have the right to appeal adverse verdicts.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Nationally, individuals, nongovernmental organizations (NGOs), and groups of individuals may seek civil remedies for human rights violations and have the right to appeal to the European Court of Human Rights decisions involving alleged violations by the government of the European Convention on Human Rights.

In Bermuda the Human Rights Tribunal adjudicates complaints.

Property Restitution

The UK complies with the goals of the 2009 Terezin Declaration and 2010 Guidelines and Best Practices. The government has laws and mechanisms in place, and NGOs and advocacy groups reported that the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, which covers Holocaust-era restitution and related issues, was released publicly on July 29, 2020. The report is available on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

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