Wednesday, December 5, 2018
Monday, November 26, 2018
The Big Lake Alice Cover-up
Prime Minister Jacinda Ardern, children's minister Tracey Martin and chair of the Royal Commission Sir Anand Satyanan announce the extension into church care of children. Photo: Lynn Grieveson
Aaron Smale
Aaron Smale is a freelance journalist and photographer who has worked for Radio NZ, The Nation, Mana, North & South, NZ Geographic, Al Jazeera and The Spinoff. Twitter: @ikon_media
Lake Alice
A little historical digression is in order to give some context.
In the late 1990s, a class action suit was taken against the Crown on behalf of more than 40 former patients of the adolescent unit of Lake Alice Psychiatric Hospital. The adolescent unit ran from 1972 until 1977 and has all the hallmarks of a barbaric experiment. The claim made allegations of serious abuse, including rape and sexual abuse by both staff and adult patients (many of whom were criminally insane), torture through the use of electric convulsive therapy, serious assault, illegal detention and other serious crimes.
When Labour came into government in 1999 (there’s that date), Helen Clark and Annette King promised to make things better and eventually the Crown settled by paying out $10 million.
In the process, they explicitly acknowledged the truth of the allegations. Helen Clark’s letter of apology to victims, counter-signed by Health Minister Annette King, said: “What happened to you in the Child and Adolescent Unit at Lake Alice was unacceptable. What occurred to children there should not have happened. We very much regret that it did.”
The apology and payout were supposed to make it all go away. It didn’t. The second batch of former patients also made a claim and was also paid out.
To complicate matters further, High Court judge Sir Rodney Gallen was asked to assess how the payment should be divvied out for the first group of claimants. Strangely, that was all he was asked to do. But being a man of some curiosity and integrity, he asked to speak to the claimants and also examined documents and other evidence.
He was so horrified by what he heard and saw that he felt compelled to write a report, which was then duly leaked and which the government fought in court, unsuccessfully, to prevent the media quoting from.
Gallen’s report was stark and unequivocal. In a particularly telling line, he described what he had discovered as “outrageous in the extreme.” He stated bluntly that the allegations of sexual abuse were not merely allegations but, in his view, had indeed happened. He arrived at the same conclusion on the other allegations. To paraphrase, the state was guilty of running a den of torture and abuse.
Police and Crown Law
The allegations were then the subject of police complaints, which involved more than 40 former patients (this number later grew). For reasons yet to be explained, the police failed to interview these complainants. After dawdling for around eight years they finally announced there was not enough evidence to prosecute, demonstrating a blatant example of willful blindness.
All this despite a High Court judge finding conclusive evidence of serious crimes against children; despite Helen Clark acknowledging in a formal letter that it did happen; despite this legal opinion not being based on any serious examination of the evidence; despite the UN repeatedly asking why the Lake Alice allegations had not been properly investigated (ironically it was still asking this when Helen Clark was applying for the top job).
So who instructed the police to not do their job? Was there any political interference? Sorry, the Royal Commission can’t answer those questions because it can’t ask them. Post-1999 you see.
While the police were busy not doing their job, Crown Law was very busy doing theirs. Officials advising government ministers as far back as 1998 were ringing alarm bells. Not only was the government at risk of serious liability for what happened at Lake Alice, but there were also other institutions that had come to their attention.
Most of the Lake Alice claimants were wards of the state and had been through other institutions – Kohitere, Holdsworth, Hokio Beach, Owairaka and the like – which were under the Department of Social Welfare. They had made similar allegations about those institutions. Lake Alice was simply a Pandora’s Box that officials wanted to keep a lid on. In documents going back as far as last century officials were flagging the potential liability.
Keeping the lid on
In the first story I did on state abuse in 2016 I spoke to Ros Noonan, the previous Chief Human Rights Commissioner. Among other things she told me that when the Lake Alice issue arose previous Attorney-General Margaret Wilson came under pressure from Crown Law officials to “shut it down”.
Margaret Wilson has refused to give an interview on this.
But what I have been told is that she tried to resist the pressure of her own officials and was inclined to deal with Lake Alice in a more open and transparent way. It appears she ran into opposition from her fellow Labour MPs, particularly Helen Clark and Annette King, who did not want such an investigation into what happened and why.
The upshot of all this was Crown Law got its way. It devised and carried out a legal strategy that used all technical legal defences to defeat claims by those who had been abused in state institutions. That strategy has not been revoked.
This might sound dry and technical but it has had some ugly consequences and inflicted further harm on people who have already suffered terrible abuse. I have seen some spectacularly immoral arguments that were put forward in our courts by Crown Law (paid for by you, the taxpayer) to defend the indefensible. These attitudes have permeated the whole state apparatus dealing with these claims. These attitudes started at the top.
And it is this attitude that has meant the redress scheme the government has persisted with has been grossly unfair. It has left a festering sore that is one of the main reasons there was a need for a Royal Commission in the first place.
I’ve yet to pin down all the details of how this happened and how it played out because I’ve been constantly refused access to relevant documents under the guise of legal privilege, despite the Lake Alice case being done and dusted (there are a litany of other bullshit excuses that are too dreary to repeat).
But it is clear that at some point this legal strategy was signed off at the highest levels of Government.
Helen Clark must have been in the loop and had oversight – she was in charge.It wasn’t a trivial matter as it had major fiscal and political implications. Michael Cullen was most definitely involved after Margaret Wilson was shifted sideways into the Speaker’s role and he took over as Attorney General (just to be even-handed, this strategy was vigorously pursued without significant deviation by John Key’s National-led government, particularly by Attorney General Chris Finlayson and Ministers for MSD, Paula Bennett and Anne Tolley).
Who was involved in those discussions and what were their decisions around how to respond to victims of abuse at the hands of the state? Well, the Royal Commission won’t be able to find out because the 1999 cut-off date prevents it from asking those questions.
More questions
Here some further questions I’ve been trying to get answers to.
What part did Peter Hughes (currently the State Services Commissioner) play when he was boss of MSD in the 2000s? What advice was he giving the minister and what instructions was he giving to his staff about how to handle claims of abuse by wards of the state?
Again, I’ve had endless difficulty getting answers. But MSD’s behaviour gives some clues – it has hired private investigators and top QCs to bulldoze victims into the ground in a court of law. Or if you wanted to avoid being shredded by a QC, you could accept a lowball offer.
But the Royal Commission is currently blocked from investigating Mr Hughes’ decisions and actions.
I’d also be interested to know what role Una Jagose (currently Solicitor General) played in Crown Law’s response to state abuse. I’ve seen a letter where she dismissed a victim’s claim out of hand in her role as a Crown lawyer, despite Crown Law knowing the alleged perpetrator had previous convictions for sexually abusing children. Some of those offences happened at Epuni Boys Home, where the claimant had been a resident.
Was this part of a deliberate strategy of denial, even in the face of clear evidence, knowing the invasive nature of a court trial would be too traumatic for many victims to face? That evidence, ironically, led to further police charges and court convictions against the same perpetrator.
Technically the Royal Commission won’t be able to explore these questions because they happened after 1999. Out of scope, in bureaucratic parlance.
That date
If that date stands, the Royal Commission will be able to do less than I can as an individual journalist. At least I can ask those questions. On the face of it, the Royal Commission is being prevented from even doing that.
If I am wrong and the government and public servants have nothing to hide, why don’t they simply remove the cut-off date of 1999 and let the Royal Commission have a look at what happened over the past two decades? Why is Ardern and her government clinging so stubbornly to the 1999 cut-off date when so many experts have made submissions asking for its removal? Why is a Royal Commission of Inquiry into state abuse not being allowed to investigate the state’s response to that abuse when victims started to talk about it, which largely happened after 1999?
It makes no sense, especially when it can take decades for victims of sexual abuse to come forward. Many victims of state abuse when they finally mustered the courage to speak up were told by Crown Law in cold legal language that they were lying, adding further distress. Who authorised that? We won’t find out under the Royal Commission’s current terms of reference.
In a previous piece, I wrote I characterised the state as a psychopath – completely lacking in remorse or empathy, manipulative, narcissistic, no insight into their offending, a high risk of reoffending, etc. In its handling of state abuse, I argued that the New Zealand state is a textbook case of a psychopath.
And yet again that diagnosis is proving to be frighteningly accurate.
Justice Gallen got it right. The abuse that occurred in places like Lake Alice was “outrageous in the extreme.” But so is the state’s cover-up over the past 20 years.If the Royal Commission can’t examine that cover-up, it will simply be another chapter in it.
It won’t be a Royal Commission. It will be a Royal Omission.
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https://kiwijustice2blog.wordpress.com/2018/03/27/sir-rodney-gallens-report-on-the-rape-drugging-and-torture-of-nz-children/
Thursday, November 22, 2018
Lies and cover ups and more lies by PMs MPs and state officials
@jacindaardern says MSD redress scheme punitive to state child abuse victims next breath we will use this scheme MSD has for any redress the Royal Commission may come up with
Royal Commission of Inquiry into Historical Abuse in State Care will now include churches, PM Jacinda Ardern says - NZ Herald her comment on redress at 20:05to be clear this is where the request for A Royal Commission into institutional responses to child sexual abuse came from and not where the PM saysThen we have some very good reasons for that 1999 date as well as other dating stuff on our top officialsBacked up by this report
the list of people who have covered up the abuses at lake Alice NZ starts with Helen Clark PM, Annette King, Margaret Willson Attorney general, Michael Cullen, Chris Finlayson. Attorney General, Paula Bennett, Anne Tolley, John Key PM, several Police commissioners, and now it's looking like Jacinda Ardern will join this list
New Zealand Govt tortured boys and girls as young as 8 with #ECT to body parts while awake and screaming and sets crown law on survivors to prevent them from getting rehab and compo. https://t.co/l87jMpC1t0
Saturday, November 17, 2018
Alert 67: MORE HUGE ECT NEWS
Alert 67: MORE HUGE ECT NEWS: After decades of denial, the largest manufacturer of electroconvulsive treatment machines has just admitted for the first time that a risk of “brain damage” is associated with ECT. The unprecedented admission by Somatics, Inc., the manufacturer of Thymatron, came in the form of a Regulatory Update just posted on its website in October 2018. Here […]
Tuesday, November 6, 2018
blogorrhea: Electroconvulsive Therapy, Suicide, and Death
blogorrhea: Electroconvulsive Therapy, Suicide, and Death: It’s often claimed that ECT prevents suicide. But there are no suicide studies comparing ECT and sham ECT, and the existing literature fail...
Tuesday, May 1, 2018
Tuesday, April 10, 2018
Friday, March 23, 2018
New Zealand Historic Abuse files
Jan – Feb 2018
Feb 1, 2018. Radio NZ. Aaron Smale @ikon_media. Abuse survivors on what they want out of inquiry: ‘He admitted it … I thought there would be consequences’
Jan 28, 2018. Sunday Star Times. Raped, beaten and drugged: Victims of state school abuse receive less than $11,000
Jan 23, 2018. Newsroom. Time to talk compensation for state care abuse
Jan 17, 2018. Radio NZ. ‘The ground has been covered’ – English on state abuse inquiry
Jan 16, 2018. Radio NZ. PM on abuse inquiry: ‘We need to be open about our mistakes’
Jan 16, 2018. NZ Herald. Government inquiry into child abuse will not include churches, sports clubs
Jan 4, 2018. Otago Daily Times. Abuse survivor says conviction rate ‘a joke’
October – December 2017
Dec 3. Radio NZ. PM confirms inquiry into state care abuse will be independent
“Prime Minister Jacinda Ardern has confirmed an inquiry into abuse suffered in state care will be independent.”
NOV 11, 2017. Government drops “ministerial” promise, upgrades inquiry to “independent” -
“There will be an independent inquiry into historical claims of abuse of children in State care with a view to learning lessons to ensure that policy is changed to minimise the risk of this happening in the future.” https://www.change.org/p/nz-stop-child-abuse-hold-full-royal-commission-of-inquiry-now/u/21981751
Nov 11, 2017 - Govt should apologise to state care abuse victims – minister
Nov 8, 2017 - Renewed calls for Royal Commission into abuse of people in state care
ALJAZEERA NEWS - A quiet genocide: The legacy of stolen indigenous children
Nov 17, 2017
February, March, April 2017 – The Road to a Public Inquiry
Stephen Winter: Inquiry into systemic abuse needs quick delivery – April 28 2017
A must watch – The Hui, Channel 3 NZ… 9 April 2017
Still no state child abuse inquiry – Newshub 10 April 2017
Labour calls for state care abuse inquiry - Newshub 10 April 2017
Closing an ugly chapter in our history – Newsroom, March 23, 2017
“We need to hold a full independent inquiry into historic abuse in state care. Why? Because without a full investigation of exactly how, and for whom the state got it wrong in the past, we risk making the same mistakes again. Just as important, there are many victims living with the effects of their horrific experiences who are calling for meaningful acknowledgement of their pain and suffering. The Confidential Listening and Assistance Service and government review of Child Youth and Family were important steps in this process, and a full inquiry will demonstrate the commitment of our elected leaders to making amends and closing this ugly chapter in our history.”
State’s abuse case costs ‘extraordinary’ - NZ Herald, Saturday, Mar 25, 2017
“The Ministry of Social Development spent more than a million dollars paying private lawyers to fight claims of abuse at a state-funded boot camp on Great Barrier Island before finally settling with victims for $340,000.”
Lizzie Marvelly: We have failed our ill-treated kids – NZ Herald, Saturday, Mar 25, 2017
“While the timing of the establishment of a new agency attempting to overcome our horrific record of child maltreatment as the Government continues to refuse to launch an inquiry into historic abuse of children in state care is certainly something of a joke, there’s very little humour to be found in it.”
It sticks like a knife in my guts - E-Tangata Sun 19 Mar 2017
“Every time Anne Tolley and Bill English talk about the new Ministry for Vulnerable Children or oppose an inquiry into the historical abuse of children in state care, it sticks like a knife in my guts.”
Twenty-year fight for justice for male survivors of sexual abuse continues - Stuff.co.nz 19 March 2017
Claim for child abuse inquiry lodged with Waitangi Tribunal - Radio NZ 14 March 2017
The Toby & Toby inquiry into historic abuse in state care - Radio NZ 9 March 2017
Ardern lashes govt’s refusal to hold abuse inquiry - Radio NZ, 7 March 2017
“Labour’s new deputy leader Jacinda Ardern, has attacked the government over its refusal to hold an inquiry into claims of historical abuse of children in state care.
Ms Ardern has accused the government of spending more on lawyers to fight the victims than it does on settling their claims.
An Official Information Act request obtained by Ms Ardern showed one lawyer for the Crown, Kristy McDonald QC, was paid $777,000 for her work on three historical abuse cases alone.
It followed news the government spent $700,000 fighting just one compensation case.”
Govt spends $700k fighting state abuse compo claim- Radio NZ, 6 March 2017
‘Welcome to hell,’ abused boys in state care told - NZ Herald, 4 March 2017
14 years of abuse under state care, fuelling the fire to fight back - Maori Television, 3 March 2017
Inquiry a ‘start’ in addressing institutional racism – Radio NZ, 2 March 2017
Dame Susan Devoy: State child care may explain why so many Maori are in prison – Mar 2, 2017, New Zealand Herald
Snubbed? Devoy says English won’t meet her about abuse – 24 February 2017 Radio New Zealand
“Prime Minister Bill English “snubbed” Race Relations Commissioner Dame Susan Devoy when she requested a meeting to discuss an inquiry into historical abuse of children in state care, she says.”
David Slack: Hard to say but it must be said – 19 Feb 2017, Sunday Star Times
“From the end of World War II until the 1980s, the government took more than 100,000 children into state care: into foster homes, health camps, special education homes and psychiatric hospitals; into welfare care, and into borstals.
It took them in to protect them: from neglect and poverty, from family violence. But for some of those 100,000 children, it was the worst thing that could have happened. People charged with their care were not fit for the task.
If you were one of those children, this is for you.”
Government has no appetite for abuse inquiry – 16 Feb 2017 http://www.waateanews.com/Waatea+News.html?story_id=MTU2NjI%3D&v=81
“Maori Party co-leader Marama Fox says there seems to be no appetite in the Government to look into the historic abuse of children and young people in state care.
The Maori Party has backed a call by the Human Rights Commission and iwi leaders for a full inquiry into the what happened to many of the 100,000 New Zealanders taken from their families between the 1950s and the 1990s.”
Country can’t wipe hands of care scandal - 15 Feb 2017
New Zealand First leader Winston Peters is backing a call for an inquiry into historic abuse in state residential facilities and foster homes.
“You’ve got people who were seriously damaged by the circumstances of their treatment, the wrongness of their treatment, and i don’t think a country should wipe its hands of those things, as painful as it might be and as embarrassing as it might be. We owe to the victims to give them an inquiry and put the matter to rest as much as we can,” he says.
Feb 13 New Zealand Herald - Demand grows for an inquiry into alleged historic abuse of children in state care
“It seems everyone but the Government realises that an inquiry and a formal apology are essential to helping the victims find some sense of closure, and to ensure that children in state care now and in the future are protected from abuse,” said the party’s social development spokeswoman, Jan Logie.”
Feb 13 Stuff.co.nz - Carolyn Henwood: Time has come for New Zealanders to clearly state how children should be treated
“When Judge Carolyn Henwood explains her job to her three-year-old grandson, she tells him it’s about fairness. But, as the former Chair of the Confidential Listening and Assistance Service, she says there is little fairness for the 1,100 New Zealand children who were horrifically abused while in state care until the early 1990s. She says the time has come for New Zealanders to clearly state how our children should be treated.”
13 February 2017 Radio NZ – Smashed by the state: The kids from Kohitere
Feb 12, 2017 – RNZ Checkpoint with John Campbell (youtube link) Abuse in state care led to a life of violence
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November/December 2016
State abuse victim: ‘It crushed my soul’ – Radio NZ 5/12/16
Inquiry ‘absolute way’ to bring abusers to account – Radio NZ 5/12/16
Decades of brutality in our name and Key and Tolley cover their ears – nothing to see here. Elizabeth Stanley (the author of the Road to Hell) 5/12/16
PM: inquiry ‘can never right the wrongs’ – Radio NZ 5/12/16
“Pressure is continuing to mount on the government to hold an inquiry, with survivors and advocates saying it was crucial to seeing justice served.”
Judge ‘lost faith’ in govt’s handling of state care child abuse – Radio NZ 1/12/16
The judge who chaired a panel which heard from children abused in state care says there is no guarantee of the future safety of children unless an independent body is set up to investigate.
Justice delayed, justice denied – Radio NZ 30/11/2016
“Most of the victims of historical abuse were Māori – in some institutions Māori made up 80 percent of the residents” http://www.radionz.co.nz/stories/201825742/justice-delayed-justice-denied
Child abuse report ‘shut down’ 24 Nov 2016 Radio New Zealand
“A former Human Rights Commissioner is accusing the government of killing off a critical report on the way it handled hundreds of cases of children abused in state care.”
RNZ host clashes with Anne Tolley for her response to state abuse inquiry - November 30 2016 Dominion Post
“Tension boiled over between a Government minister and RNZ host as she was forced to justify why no universal apology has been issued to victims of state abuse.
The Minister for Social Development faced 16 minutes of radio flames for refusing to launch an independent inquiry or make an apology for her department’s historic acts of child sex abuse.
The major clash saw RNZ journalist Kim Hill state that “we will never know the extent of the abuse” because of Minister Anne Tolley’s decision not to establish an independent inquiry to investigate abuse in state care.”
August 2016
Calls for a royal commission into child abuse. Manawatu Standard 25/8/2016
Minister will apologise to anyone abused in state care. Dominion Post August 24 2016
Calls for a Royal Commission by survivors of institutional abuse (CSA) based on the Australian Royal Commission model – Nelson Mail 16/8/2016
State care abuse report ignored, judge says
Radio NZ 10 March 2016
A judge who listened for seven years to stories of people abused in state care says she feels her report about how to stop it happening again has been forgotten. http://www.radionz.co.nz/news/national/298632/state-care-abuse-report-ignored,-judge-says
1/3/16 – Maori Party co-leader slams the Government for allowing abuse of children - alleges cover-up http://i.stuff.co.nz/national/politics/77436027/maori-party-coleader-slams-the-government-for-allowing-abuse-of-children
8/12/15 State care abuse victims suing Ministry of Social Development (Radio New Zealand) http://www.radionz.co.nz/news/national/291541/state-care-abuse-victims-suing-govt
Growing up in foster care in New Zealand. Daryl Brougham used to be called the 2 million dollar kid, because that’s what his 18 years in State Care cost the New Zealand taxpayer. While in CYF care, Daryl suffered significant amounts of abuse and neglect. (19/10/15 Maori Television) Part 1 and Part 2
Historical Abuse: MSD secrecy over historical abuse claims (Dominion Post 4/9/15) http://www.stuff.co.nz/national/politics/71709032/historical-abuse-msd-secrecy-over-historical-abuse-claims
Generation of children brutalised in state care won’t get public apology (Dominion Post) http://www.stuff.co.nz/national/politics/71388571/generation-of-children-brutalised-in-state-care-wont-get-public-apology
Children in state care are being abused and CYF is failing them – report
Social Development Minister Anne Tolley will not throw money at Child Youth and Family (CYF) despite a scathing report into the agency’s performance, she says. (Radio NZ 27/8/15) http://www.radionz.co.nz/news/national/282605/minister-vows-to-get-cyf-overhaul-right
‘Horrifying’ and ‘deeply shocking’ report into child abuse (NZ Herald Aug 25, 2015) http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11502569
‘Forced to dig their own graves’ (NZ Herald Sep 5, 2015)
MSD ‘answerable to no one’ in payout process for abuse victims, says lawyer (Dominion Post, July 16 2015) http://www.stuff.co.nz/national/politics/70122005/msd-answerable-to-no-one-in-payout-process-for-abuse-victims-says-lawyer
Govt compo offer ‘kick in the guts’ for abuse victim (Gisborne Herald, June 10th 2015) http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11462985
Ministry of Social Development Privacy Breaches (Story broken in June 2015)
http://www.radionz.co.nz/national/programmes/morningreport/audio/201756797/ministry-investigating-child-abuse-information-breach (The Whistle Blower Speaking on Radio NZ)
http://www.radionz.co.nz/national/programmes/morningreport/audio/201756808/ministry-urgently-investigating-child-abuse-information-breach (The Whistle Blower Speaking on Radio NZ again)
http://www.radionz.co.nz/news/national/275279/child-abuse-details-sent-to-wrong-person (Privacy Commissioner John Edwards speaking about MSD privacy breaches)
http://www.3news.co.nz/nznews/ministry-of-social-development-privacy-breach-investigated-2015060320#axzz3c4dXpQ72 (3 News —- Social Development Minister Anne Tolley says she’s “very distressed” about the situation. “These are people who have been let down by the system already,” she told reporters.”)
More Recent Media
Historic Abuse Victims Deserve Real Justice (Jacinda Ardern, Opposition Minister for Social Development 7/5/2015) http://www.scoop.co.nz/stories/PA1505/S00128/historic-abuse-victims-deserve-real-justice.htm
Payout for abuse victims ‘deeply flawed’ 7/5/2015
Historical abuse claims process criticized (Myself talking to Radio National 8/5/2015) http://www.radionz.co.nz/news/national/273106/historical-abuse-claims-process-criticised
Bid to clear historical abuse claim backlog (Minister for Social Development putting her cynical spin on things….Radio National 8/5/2015) http://www.radionz.co.nz/news/political/273056/bid-to-clear-historical-abuse-claim-backlog
Government abuse victims offered fast track to compensation (TVNZ, 7/5/15)
Brit social worker slams Child, Youth and Family (CYF) New Zealand http://tvnz.co.nz/national-news/historic-abuse-cases-settled-2020-video-5454108 (One News Historic Abuse Claims to be settled by 2020)
Govt urged to act over delays in settling abuse claims | Nine To Noon, 9:09 am on 10 February 2015 | Radio New Zealand http://www.radionz.co.nz/national/programmes/ninetonoon/audio/20166627/govt-urged-to-act-over-delays-in-settling-abuse-caims
Call for independent tribunal for abuse victims in state care: Nine To Noon, Monday 9 February 2015| Radio New Zealand http://www.radionz.co.nz/national/programmes/ninetonoon/audio/20166472/call-for-independent-tribunal-for-abuse-victims-in-state-care
Minister for Social Development, Anne Tolley, puts her spin on things: Radio NZ http://www.radionz.co.nz/national/programmes/ninetonoon/audio/20167843/social-development-minister-on-settling-historical-abuse-claims
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