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operated by a private corporation. She concluded that the
Amendment violates the constitutional rights to personal freedom and human dignity. In her ruling, Beinisch stressed that although Amendment 28 was enacted out of a desire to improve the detention conditions of prisoners in Israel, the main purpose behind the Amendment was an economic one, reflecting a desire to save as much money as possible for the State. In this context, she stressed in her ruling that although the Supreme Court does not generally intervene in the government's and the Knesset's economic policies, when it comes to legislation affecting the most basic constitutional rights, the fact that an economic rationale may have motivated the legislation does not prevent the Court from passing judgment on the law.
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to personal liberty. While holding the law constitutional, she held that in view of the extent of the violation of personal liberty and of the extreme nature of the measure of detention provided in the law, an interpretive effort should be made in order to minimize, in so far as possible, the violation of the right to liberty so that it is commensurate with the need to achieve the security purpose, and not in excess thereof. Beinisch also held that the provisions of the statute should be interpreted, in so far as possible, in a manner consistent with the accepted norms of international law.
561:. In her judgment, Beinisch accepted the military commander's claim that the fence in Bil'in area was built for reasons of national security. Nevertheless, she held that the military commander had determined the route of the fence while taking into account the future construction plans for new Israeli neighborhoods near this area. These planned neighborhoods do not constitute a vital security need, and hence cannot be taken into account when determining the route of the fence. Thus, Beinisch concluded, the route of the fence in the Bil'in area did not meet the proportionality requirement.
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woman suing for discrimination will not have to prove she was deprived of pay because of her gender, but only show there is a significant difference in salaries. At this point, the burden of proof would lie with the employer who, in his part, will have to convince that there is a legitimate reason for the salary and that the employee was not discriminated. Moreover, the High Court recognized that at times, women have less leverage than men at negotiating pay; therefore, claims that a pay was negotiated freely before hiring the worker will not be enough to justify the extensive gaps.
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classrooms were protected. Beinisch ruled that the decision not to fully protect the main classrooms of children in grades 4-12 was extremely unreasonable. It was held that the court would intervene — albeit on rare occasions and with restraint — even in decisions concerning the professional discretion of the authority or the budgets allocated by it, if these decisions depart in an extreme manner from the margin of reasonableness given to the administrative authority.
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She also held that the appropriate doctrine for the
Israeli legal system to adopt is not an absolute one, but a relative doctrine which allows the court to exclude illegally obtained evidence at its discretion. In the specific case of the appellant, the failure to inform him of his right to consult a lawyer was intentional, and this was a significant factor in Beinisch's decision to exclude the confessions he made in the interrogation.
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vulnerable populations, and immigrant workers. Beinisch emphasized the importance of judicial review of the activities of the executive branch, including the military, as well as the importance of following the rule of law and the principle of non-discriminatory law enforcement, and preserving every person's right of access to court.
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In this decision, Beinisch ruled that in view of the normative change in the
Israeli legal system introduced by the Basic Law: Human Dignity and Liberty, and in the absence of legislation on this issue, the time has come to adopt a case law doctrine of inadmissibility for illegally obtained evidence.
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during a hearing on medical marijuana, hitting her between the eyes, breaking her glasses and knocking her off her chair. Cohen was disgruntled with the legal system over a family court decision four years earlier and has a violent history. He was arrested and later apologized for his act, and stated
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On
November 12, 2012, she was awarded Doctor of Philosophy "honoris causa" degree from the Weizmann Institute of Science. Beinisch was awarded "Doctor of Humane Letters-Honoris Causa"by The "Hebrew Union College"Jerusalem, on November 14th,2012. Dorit Beinisch is a member as an Officer at The French
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In 2004 Beinisch criticized the use of expedited legislative mechanisms, often used by the
Knesset to legislate various economic laws and reforms. She ruled that although judicial review of the legislative process in Israeli does not recognize a ground of lack of “legislative due process”, the Court
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In
September 2006 Beinisch was sworn in as President of the Supreme Court of Israel, after being voted in unanimously, becoming the first woman in Israel to hold this position. As President of the Supreme Court, she was the head of the Israeli judiciary and responsible for managing the court system.
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Several appeals were brought before the
Supreme Court challenging specific internment orders that were made under the Unlawful Combatants Law. In her leading judgment, Beinisch wrote that there is no doubt that the administrative detention of an “unlawful combatant” significantly violates the right
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On May 8, 2013, Beinisch was awarded "Honorary
Citizen of Jerusalem". On June 13, she was awarded "Honorary Fellowship" by the Tel Aviv-Yafo Academic College. In May 2015 Beinisch received an honorary award from The Holon Technological Institute. Beinisch was nominated in May 2013 as The Chancellor
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In a judgment rendered in
September 2007 concerning the separation fence being built by Israel, Beinisch ruled that the military commander did not exercise his discretion in a proportionate manner and that he must alter the route of the fence in regards to a segment near the Palestinian village of
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she held in a minority opinion that the plea-bargain agreement - formulated by the
Attorney General and the former President of Israel over sexual abuse charges - should be canceled because the details of that bargain contravened administrative principles and were against the public interest. In
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In May 2012, the court ruled that employers who pay female employees a significantly lower salary than their male counterparts will bear the burden of proof in case they are accused of discrimination, thus strengthening women's workplace rights. In Beinisch's ruling, the High Court stated that a
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In 2008, Beinisch ruled on interpretation of the Unlawful Combatants Law and the extent to which the law is consistent with international humanitarian law. In her leading judgment, she wrote that the administrative detention of an "unlawful combatant" significantly violates his right to personal
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In 2009, Beinisch issued a precedent-setting ruling on the unconstitutional nature of the privatization of prisons. In this judgement, a panel of nine justices led by Beinisch struck down Amendment 28 to the Prison Ordinance, which calls for the creation of a prison in Israel to be managed and
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In her rulings, Beinisch emphasized the same principles that she fought for during her public career, together with her belief regarding the role of the Supreme Court in a democratic society to protect human and civil rights, with special attention to the rights of women and children, socially
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In 2007, a petition was brought before the Supreme Court regarding the government's decision to protect the schools in Israeli cities from attacks by “Qassam” rockets fired from the Gaza Strip. In light of this decision, the authorities adopted a protection plan under which only some of the
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Beinisch served as the State Attorney of Israel from 1989 to 1995, the first woman in Israel to hold this position. In this position, she directed all government litigation in all levels of courts, took part in forming the State's policy in criminal, constitutional and civil fields, and was
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another case, Beinisch held, in a minority opinion, that the total ban on political advertisements in television and radio broadcasts is invalid because there is no explicit authorization in the primary legislation for such an excessive limitation on freedom of political expression.
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would intervene if there is a defect in the legislative process that “goes to the heart of the process.” Such a defect is one that involves a severe and substantial violation of the basic principles of the legislative process in Israel's parliamentary and constitutional system.
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In a 2006 case concerning a detainee's right to legal counsel, the Supreme Court acquitted a soldier convicted of using drugs on the basis of his own confession, because the military policeman who interrogated him did not inform him of his right to consult with an attorney.
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liberty. This was consistent with the basic outlook that prevails in the Israeli legal system, according to which it is preferable to uphold a statute by interpretive means wherever possible, rather than to declare it void for constitutional reasons.
326:. She represented the state before the Supreme Court in significant constitutional, administrative and criminal law cases. For example, in the late 1980s, she headed the struggle in the Supreme Court that led to the banning of the far right-wing
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From 1976 to 1982, she served as the Director of the Department of Constitutional and Administrative Law in the State Attorney's Office. She represented the state before the Supreme Court in constitutional and administrative cases.
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The same year, in one of her most famous and controversial rulings as a justice, she ruled that parents cannot use corporal punishment, writing that corporal punishment violates the child's right to dignity and bodily integrity.
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Beinisch was awarded honorary Doctor of Philosophy degrees by the Hebrew University in Jerusalem in June 2010, and Ben-Gurion University in May 2012, as well as an Honorary Fellowship by The Interdisciplinary Center, Herzliya.
349:, Beinisch, together with two other prosecutors, fought against the government and the Shin Bet to expose lies, resulting in rumors that she was having an affair with one of the Shin Bet agents and threats against her life.
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in 1967, doing her legal internship in the legislation department. She served in the Ministry of Justice for 28 years, holding senior positions to which women in Israel had never been appointed before.
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Between 1967 and 1969, Beinisch served as Assistant in the Jerusalem District Attorney's Office until she completed her master's degree, moving up in 1970 to become Senior Assistant to the
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From 1982 through 1988 she served as the Deputy State Attorney. She played an instrumental role in prosecuting some of the state's most difficult cases. She collected evidence for the
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241:, at the same university, while apprenticing in the Justice Ministry. In 1964, she married Yeheskell Beinisch, a Jerusalem lawyer. They have two daughters and five grandchildren.
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She believed that one of her primary tasks as President of the Supreme Court was to safeguard the independence of the Israeli court system and ensure its apolitical character.
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Some of her most important rulings have dealt safeguarding human rights while addressing pressing security needs, primarily in cases concerning Israel's activities in the
249:"National Order of the Legion of Honour" since December 17, 2012. On December 30, 2012, Beinisch was awarded as a knight of The Movement for Quality Government in Israel.
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that the practice of sending in a local Palestinian ahead of Israeli troops during arrest raids endangered his life, violated his free will and his human dignity.
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of the Open University of Israel and chairwoman of its Council. In March 2023, Beinisch was named as “honorary citizen of Tel Aviv -Yaffo”.
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Beinisch is a critic of the Israeli government’s judicial reform initiative, citing that it threatens the independence of the judiciary.
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338:'s government in the High Court when a petition was filed against its decision to deport 415 Hamas members to Lebanon.
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235:, completing her Bachelor of Laws degree (LL.B.) in 1967. Two years later she completed her Master of Laws (LL.M.),
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Beinisch has also written some remarkable dissenting opinions. In a case dealing with former President of State,
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From 2012–2014, she taught a seminar on national security judging at the Center on Law and Security (CLS) with
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responsible for all the professional aspects of legal representation of the state of Israel in the courts.
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747:"Former Israeli Supreme Court President discusses importance of independent judiciary at Cybertech Global"
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986:"Doctrines Without Borders: The "New" Israeli Exclusionary Rule and the Dangers of Legal Transplantation"
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and to ensuring that government institutions adhere to the law, with a particular emphasis placed on the
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549:. In a 2005 ruling against the Israeli army's use of “human shields” she concurred with then-President
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705:"Hebrew U. honorary doctorate recipients include Dorit Beinisch, Dr. Marcos Aguinis, Evgeny Kissin"
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719:"Ben-Gurion University of the Negev confers Honorary Doctoral Degrees on Six Outstanding People"
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733:"Former president of Israel's Supreme Court to become distinguished global fellow at NYU Law"
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in 1933. Her mother, Chava, was a kindergarten teacher in Tel Aviv. Beinisch served in the
944:"Dorit Beinisch: Attacker Hits Israeli Chief Justice With Sneaker In Face, Breaks Glasses"
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Beinisch fought for her professional and legal views on controversial issues, such as the
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On January 27, 2010, Beinisch was injured when a 52-year-old man named Pinchas Cohen
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She supervised the lengthy investigation, trial and eventual conviction of then
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in December 1995. She served as chair of the Central Elections Commission.
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898:"Dorit Beinisch unanimously approved as next president of Supreme Court"
849:. Princeton University Program in Law and Public Affairs. April 16, 2009
847:"The Honorable Dorit Beinisch, President of the Supreme Court of Israel"
875:"Beinisch takes fight against graft, Jewish extremism to Supreme Court"
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191:; born February 28, 1942) is a retired Israeli jurist. She was the 9th
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774:"Ex-A-G Mandelblit: Israel in regime revolution, not judicial reform"
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at NYU Law as a distinguished global fellow and a senior fellow.
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in 1984. Appointed to handle the case by then attorney general
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from the article and its talk page, especially if potentially
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963:"Incitement against High Court led to Beinisch shoe incident"
215:. Her father, Aharon Werba, a civil servant, immigrated to
199:. Appointed on September 14, 2006, after the retirement of
921:"Beinisch: Israel is swarming with harrowing violence"
683:
Jewish Women: A Comprehensive Historical Encyclopedia
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Hebrew University of Jerusalem Faculty of Law alumni
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721:. Ben-Gurion University of the Negev. May 16, 2012.
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735:. New York University School of Law. May 15, 2012.
707:. The dept. of Media Relations, Hebrew University.
16:Former President of the Supreme Court of Israel
1422:Chief justices of the Supreme Court of Israel
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626:, lawofisrael.com; accessed March 18, 2016.
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498:Learn how and when to remove this message
646:. The Jerusalem Post. September 21, 2010
1432:Israeli people of Polish-Jewish descent
993:Stanford Law Review, Volume 60, Issue 6
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357:Beinisch was appointed as a Justice of
365:President of Supreme Court (2006–2012)
322:chairman and former interior minister
995:. Stanford University. Archived from
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1021:Golan, Avirama (November 20, 2009).
799:"Dorit Beinisch | The Genesis Prize"
772:Starr, Michael (February 28, 2023).
284:State Attorney’s Office (1967–1995)
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919:Ilan, Shahar (November 27, 2007).
873:Yoaz, Yuval (September 15, 2006).
311:she received threats to her life.
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942:Heller, Aron (January 27, 2010).
896:Yoaz, Yuval (September 8, 2006).
353:Supreme Court Justice (1995–2005)
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961:Ze'ev Segal (January 28, 2010).
617:Supreme Court decisions database
547:occupied Palestinian territories
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307:. During the prosecution of the
227:, where she reached the rank of
233:Hebrew University of Jerusalem
166:Hebrew University of Jerusalem
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1023:"Beinisch drops a bombshell"
405:biography of a living person
382:that he hoped she was well.
130:British Mandate of Palestine
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334:. She refused to represent
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231:. She studied law at the
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827:(in Hebrew). News1.co.il
685:. Jewish Women's Archive
510:Beinisch has focused on
211:Dorit Werba was born in
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984:Blum, Binyamin (2008).
599:Israeli judicial system
309:Gush Emunim Underground
303:which investigated the
197:Supreme Court of Israel
56:Supreme Court of Israel
419:Please help by adding
359:Israel's Supreme Court
225:Israeli Defense Forces
1427:Lawyers from Tel Aviv
640:"Madam Chief Justice"
512:government corruption
1442:Israeli women judges
803:www.genesisprize.org
425:Contentious material
275:Beinisch joined the
948:The Huffington Post
277:Ministry of Justice
1364:Avichai Mandelblit
1070:Presidents of the
778:The Jerusalem Post
753:. January 31, 2023
622:2014-05-05 at the
403:This section of a
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1025:. Haaretz.com
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86:Succeeded by
79:Aharon Barak
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1417:1942 births
1376:Amit Eisman
1371:(2020–2021)
1347:(2013–2019)
1343:Shai Nitzan
1338:(2007–2013)
1334:Moshe Lador
1320:(1996–2004)
1280:Zvi Bar-Niv
1271:Colin Gilon
1170:(1995–2006)
667:law.nyu.edu
187:דורית ×‘×™× ×™×©
136:Nationality
110:Dorit Werba
74:Preceded by
33:דורית ×‘×™× ×™×©
1406:Categories
1316:Edna Arbel
605:References
488:March 2016
458:newspapers
324:Aryeh Deri
320:Shas Party
229:lieutenant
207:Background
161:Alma mater
116:1942-02-28
1352:Dan Eldad
1329:(2004–07)
1311:(1989–95)
1302:(1982–88)
1293:(1969–82)
1284:(1962–69)
1275:(1952–62)
1266:(1949–52)
1257:(1948–49)
1253:Haim Cohn
1194:(2017–23)
1188:(2015–17)
1182:(2012–15)
1176:(2006–12)
1164:(1983–95)
1158:(1982–83)
1152:(1980–82)
1146:(1976–80)
1140:(1965–76)
1134:(1954–65)
1128:(1948–54)
1098:Present:
831:March 18,
808:March 20,
783:March 21,
757:March 20,
644:JPost.com
410:citations
217:Palestine
193:president
68:2006–2012
64:In office
1367:(acting)
1355:(acting)
1174:Beinisch
1119:Historic
1102:(acting)
1100:Vogelman
1006:June 10,
620:Archived
593:See also
436:libelous
213:Tel Aviv
152:Children
126:Tel Aviv
1382:(2021–)
1162:Shamgar
1144:Sussman
1138:Agranat
1029:June 8,
969:May 29,
927:June 8,
904:June 8,
881:June 8,
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689:May 29,
665:Profile
650:June 7,
472:scholar
332:Knesset
195:of the
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1150:Landau
1132:Olshan
1126:Smoira
559:Bil'in
520:police
518:, the
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221:Poland
182:Hebrew
144:Spouse
1192:Hayut
1168:Barak
1156:Kahan
1000:(PDF)
989:(PDF)
479:JSTOR
465:books
219:from
1186:Naor
1031:2010
1008:2010
971:2010
929:2010
906:2010
883:2010
855:2010
833:2016
810:2023
785:2023
759:2023
691:2010
652:2010
522:and
451:news
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328:Kach
260:and
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