Justice is Not a Luxury: A Response to Mai Fatty
Sirra Ndow, Chairperson of the AVLO
By the Chairperson of the Alliance of Victim Led Organisations (AVLO)
It was deeply disheartening and disappointing to read Mr. Mai Fatty’s recent remarks (Standard Newspaper, 14th April 2025), where he labeled the prosecution of Yahya Jammeh as “unwise” and suggested that the funds would be better spent directly on victims. While I appreciate Mr. Fatty’s concern for the welfare of victims — no doubt well-intentioned — it is especially disappointing coming from a legal professional who, more than most, should understand the critical role criminal prosecutions play in securing justice, truth, and national healing. His argument dangerously oversimplifies the real needs of victims and the country’s future
First and foremost, Mr. Fatty should be reminded that the special tribunal being established is not solely aimed at prosecuting Yahya Jammeh. It is designed to pursue accountability for Jammeh and at least sixty-eight (68) other alleged perpetrators of gross human rights violations found criminally liable by the Truth, Reconciliation, and Reparations Commission, (TRRC), including the notorious Junglers. This is not a singular pursuit, but a broader effort toward justice and accountability.
Secondly, Mr. Fatty’s statement fails to recognize a fundamental truth: justice and accountability — specifically criminal prosecutions — are integral components of the reparations he is advocating for. According to international standards, reparations encompass five pillars:
Rehabilitation: Providing victims with medical, psychological, educational, and social support services.
Restitution: Restoring victims, as much as possible, to their original state before the violations — including restoration of liberty, restoration of employment and return of property, return victims to original place of residence.
Compensation: Monetary awards for physical and psychological harm, lost opportunities, material damages, etc.
Satisfaction: Which includes establishing the truth, identifying and prosecuting perpetrators, public apologies, and applying judicial and administrative sanctions.
Guarantees of Non-Repetition: Institutional reforms, human rights education, independent judiciary development, and mechanisms for conflict prevention and resolution.
All these are collectively the rights of the victims and obligations of the State.
Thirdly, while the $60 million budgeted for the special tribunal — about 40% of the total five-year TRRC implementation plan budget (USD 148,850,555) — is significant, it is important to understand the broader vision. These funds are not solely for courtroom proceedings. They will be used to build legal and institutional capacity, develop infrastructure, and strengthen the judiciary and security sectors. This investment will have long-term benefits for Gambian democracy and governance, reinforcing the very judicial and institutional reforms the TRRC recommended.
Fourth, criminal prosecutions are essential to ending impunity. They reaffirm the rule of law, deter future abuses, and prevent a cycle of revenge and retribution thus contributing to peace and stability. Without justice, there can be no sustainable peace or reconciliation.
Finally, Mr. Fatty as a victim may not deem the quest for justice as important but he should have considered that many victims and their families overwhelmingly want justice. According to Afrobarometer, as of 2024, over 78% of Gambians — which includes victims and their families — support the prosecution of perpetrators of human rights violations under Jammeh’s regime, up from 68% in 2018. Victims are fully aware of their need for medical care, education, and financial assistance, but they also understand that justice is not a luxury, or a favour — it is a necessary part of their healing and dignity.
Mr. Fatty’s framing of justice and victim support as an either/or choice perpetuates the harmful narrative that justice should be traded for welfare. In reality, both are fundamental rights and must be pursued together.
