{"id":323625,"date":"2021-09-23T23:11:42","date_gmt":"2021-09-23T23:11:42","guid":{"rendered":"https:\/\/www.rfa.org\/english\/news\/myanmar\/content-09232021185057.html"},"modified":"2021-09-23T23:11:42","modified_gmt":"2021-09-23T23:11:42","slug":"us-judge-facebook-must-release-content-linked-to-rohingya-genocide-in-myanmar","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2021\/09\/23\/us-judge-facebook-must-release-content-linked-to-rohingya-genocide-in-myanmar\/","title":{"rendered":"US Judge: Facebook Must Release Content Linked to Rohingya Genocide in Myanmar"},"content":{"rendered":"\n \n
A U.S. magistrate has ordered Facebook to release records and deleted content which, he said, helped stoke attacks against Rohingya by Myanmar\u2019s military including during a 2017 offensive that unleashed a massive exodus of refugees into Bangladesh. \u00a0<\/p>\n
Zia M. Faruqui, a federal judge in Washington, ruled in favor of The Gambia, which is seeking \u201cevidence of genocidal intent\u201d for its lawsuit filed against Myanmar at the International Criminal of Justice.<\/p>\n
In his ruling on Wednesday, Faruqui declared that the social media powerhouse, by its own admission, was too slow to respond to concerns about how the online platform played a role in Myanmar\u2019s persecution of the stateless Rohingya Muslim minority.<\/p>\n
\u201cFacebook has admitted that Myanmar authorities used Facebook as part of a coordinated campaign of hate against the Rohingya. Yet the scope and underlying proof of this conclusion is unknown to The Gambia,\u201d Faruqui wrote in his ruling.<\/p>\n
\u201cThe investigation records will illuminate how Facebook connected the seemingly unrelated inauthentic accounts to Myanmar government officials. Specifically, these records may show which accounts or pages were operated by the same officials or from the same government locations.\u201d<\/p>\n
He noted that in 2018, Facebook began deleting accounts and other content used by Myanmar government agents.<\/p>\n
\u201cThe Gambia seeks these records for \u2018evidence of genocidal intent necessary to support a finding of responsibility for genocide\u2019 of the Rohingya,\u201d Faruqui ruled.<\/p>\n
Finishing his 32-page order, Faruqui noted that Facebook took a first step by deleting content that, in his words, \u201cfueled a genocide,\u201d but then did not share the content.<\/p>\n
\u201cFacebook can act now,\u201d he said, adding, \u201cFailing to do so here would compound the tragedy that has befallen the Rohingya.\"<\/p>\n
\u201cLocking away the requested content would be throwing away the opportunity to understand how disinformation begat genocide of the Rohingya and would foreclose a reckoning at the ICJ.\u201d<\/p>\n
Paul Reichler, a Washington-based attorney representing the tiny West African nation of The Gambia in the ICJ lawsuit, praised the ruling.<\/p>\n
\u201cIt enables us to obtain from Facebook the deleted messages,\u201d he told BenarNews, an RFA-affiliated online news service, on Thursday, noting that the platform was used to deliver information to military units regarding attacks on the Rohingya.<\/p>\n
\u201cFacebook was one of the main weapons,\u201d he said. \u201cI am disappointed that Facebook was not willing to produce the messages voluntarily.\u201d<\/p>\n
Facebook did not immediately respond to a request from BenarNews for comment, but Agence France-Presse obtained a statement from the company.\u00a0<\/p>\n
\u201cWe\u2019re reviewing this decision. We remain appalled by the atrocities committed against the Rohingya people in Myanmar and support justice for international crimes,\u201d a Facebook spokesperson said in the statement.\u00a0<\/p>\n
\u201cWe\u2019ve committed to disclose relevant information to authorities, and over the past year we\u2019ve made voluntary, lawful disclosures to the IIMM and will continue to do so as the case against Myanmar proceeds,\u201d it said, referring to the U.N. Human Rights Council\u2019s Independent Investigative Mechanism for Myanmar.<\/p>\n
In January 2020, the International Court of Justice (ICJ) ordered Myanmar to protect Rohingya from genocidal acts, in response to the lawsuit filed by The Gambia two months earlier.<\/p>\n
The 17-judge panel based in The Hague unanimously supported the imposition of measures to force Myanmar to refrain from destroying evidence of alleged crimes that could be used in future hearings.<\/p>\n
One month later, a senior International Criminal Court prosecutor told reporters in Dhaka that those responsible for committing genocide against Rohingya would be prosecuted.<\/p>\n
Reichler said he did not know when the Facebook content would be turned over, noting the company has the right to appeal the magistrate judge\u2019s ruling to a higher court.<\/p>\n
\u201cI don\u2019t think that would be worth their time,\u201d he said.<\/p>\n