Bug: How is this a draw?

Where exactly is the draw in this clear win game for White? Even if you take the loosely interpreted rule of the white King being on d6 3 times, the first time was to take a pawn, which clearly does not count in the 3-move rule.

Threefold repetition of the position after moves 52, 54, 56.

FIDE Laws of Chess:
"9.2 The game is drawn upon a correct claim by the player having the move, when the same
position, for at least the third time (not necessarily by a repetition of moves):
a. is about to appear, if he first writes his move on his scoresheet and declares to the
arbiter his intention to make this move, or
b. has just appeared, and the player claiming the draw has the move.
Positions as in (a) and (b) are considered the same, if the same player has the move,
pieces of the same kind and colour occupy the same squares, and the possible moves of
all the pieces of both players are the same.
Positions are not the same if a pawn that could have been captured en passant can no
longer be captured in this manner. When a king or a rook is forced to move, it will lose its
castling rights, if any, only after it is moved."

„clearly does not count“

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whether the first move to the 3fold position was a capture or not, doesn't matter, the position is still the same every time with the same moving rights.