“I’m not afraid of prisons or death in the defense of the barriers I
believe in-that’s freedom, justice and equal opportunities for all Gambians, with prosperity in the sprit of democracy. From personal experience, I know what it takes, I know what it smells and the color of kill since school days. As a teenager, many, many years ago, through matured professional writer, as a student activist and human rights defender, I faced burden shattering batons of torture and dehumanization from some fellow Gambians in law enforcement. I experienced stigma, management stigma of false vicious allegations. The numerous encounters with conspiracy and betrayals from the least expected sources, I experienced untold agonies of intentional in section of dignity, indignity rather and of course the interesting drama of deprivation and poverty as a child, growing up in boils of rural Gambia. But nothing much bothers me any more. I have learned that if you surrendered to fear, there will be no end to it. Any patriot who is worth of his or her salt, must be prepared to risk his or her liberty or life to secure democracy, freedom and economic wellbeing of the citizenry. The people are no fools. Now, this is my objective and I make it as a Mission in my life to confront these issues wherever they appeared in the country.” These were the exact words of Gambia’s leading Human Rights Lawyer Mai Fatty. Mr. Fatty who recently survives an assassination attempt explained how The Gambian Government, through the Police Forces spearheaded smear campaign in which credentials as a trained Lawyer was doubted by the State. Fatty tells Freedom Newspaper’s Pa Nderry M’Bai that he suffered untold persecution in the hands of Gambia’s security agents over the years. Fatty says no amount of persecution can make him to give Human Rights work. Below is part three of the interview we had with Mai Fatty who was speaking from an undisclosed location. Please read on……….
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Freedom Newspaper: How do you attain your law degree? Was it through distance learning?
Mai Fatty: Yes, you are right. I did part of my studies through distance learning.
Freedom Newspaper: What do you make out of the Government’s claims that you falsified your credentials?
Mai Fatty: A big laughter…Ha ha ha ha…This was during the time of the Inspector General of Police IGP Landing Badjie or 13. A period of civil persecution and intimidation, The Gambia Police Force sought assistance and cooperation from Interpol worldwide to investigate me. Well, they were disappointed because they went to the press to confirm that their investigations proves me right. Later, the IGP 13 personally informed me that some of my colleagues were behind that out of professional jealousy.
Now, based by the overwhelming efforts of my colleagues in stopping him on his track, they were squarely wrong. This was around the time Baba Jobe’s case was alive and obvious to who the likely beneficiary of such a sinister plot against me.
Throughout, the history of The Gambian Bar, I’m the only lawyer whose qualifications were investigated by the police force, using Interpol and emerged even stronger.
Freedom Newspaper: And who was behind the said scandal to put Mai’s reputation into disrepute?
Mai Fatty: Ah…The IGP at the time indicated that some of my
colleagues instigated these so called investigations. I do not think there was any foundation on these allegations. Baba Jobe’s case was on and I was engaging the state on his rights to be represented. I was in a bigger confrontation with the Gambia police force, on the manner of the investigations and the vicious arrests that were going on around Baba Jobe, to his family members, to his friends and supporters. It was a very difficult period of aggressive civil rights violations and I was right on the forefront in order to put a stop to these gross abuses.
So it’s clear that this is an institutional matter, not an individual driven motive. So one would say that at the time, it appeared this was organized by certain state agencies.
Freedom Newspaper: Is distance learning an effective way of learning.
Mai Fatty: With technology now and discipline and dedication yes. It’s very effective. In fact, it has becomes the norms now a days.
Freedom Newspaper: Our research shows that you used to reside in Detroit. Why do you have to leave the US?
Mai Fatty: I left the United States to return to The Gambia in order to participate into the legal profession. But before that, I left to go to East Africa to do my Bar. After I completed my Bar training in East Africa, I returned home to practice law.
Freedom Newspaper: Many lawyers avoid political cases, you chose to represent such clients. What is your reason of representing such clients?
Mai Fatty: Mr. Mbai, I have been in tough situations and faced tough challenges. Each time, I come across challenges such as “pull him or pull her down” syndrome, what is called the PHS syndrome, greed, injustices, I’m determined to face such challenges.
I’m not afraid of prisons or death in the defense of the barriers I believe in-that’s freedom, justice and equal opportunities for all Gambians, with prosperity in the sprit of democracy. From personal experience, I know what it takes, I know what it smells and the color of kill since school days. As a teenager, many, many years ago, through matured professional writer, as a student activist and human rights defender, I faced burden shattering batons of torture and dehumanization from some fellow Gambians in law enforcement. I experienced stigma, management stigma of false vicious allegations. The numerous encounters with conspiracy and betrayals from the least expected sources, I experienced untold agonies of intentional in section of dignity, indignity rather and of course the interesting drama of deprivation and poverty as a child, growing up in boils of rural Gambia. But nothing much bothers me any more. I have learned that if you surrendered to fear, there will be no end to it. Any patriot who is worth of his or her salt, must be prepared to risk his or her liberty or life to secure democracy, freedom and economic wellbeing of the citizenry.
The people are no fools. Now, this is my objective and I make it as a Mission in my life to confront these issues wherever they appeared in the country.
Freedom Newspaper: And why is Lawyer Mai Fatty controversial?
Mai Fatty: A big laughter. Ha ha ha ha… I’m a very simple person. I do not consider myself controversial. And it’s really amazing to me that I could be considered as such. I endeavored to be guarded by the victim of Martin Luta King Junior from prison- “ that injustice anywhere is a tragic injustice everywhere. Nelson Mandela told us from Robin Island that disobedience to an unjust law, is a moral imperative for all. Edward Francis Small told us in his guarding philosophy that principle is too precious a commodity to be compromised at all cost. That explains why I endeavored not to be derailed under any circumstances- not even faced by the imminent prospect of … or I would say the excuse of material enticement. This is not the effect, make no mistake about that.
Freedom Newspaper: Was Baba Jobe trying to secure Justice Minister job for you or these were mere rumors from the grapevine?
Mai Fatty: This is news to me. I’m not aware of it. This strange news to me.
Freedom Newspaper: What are you doing to fight Baba Jobe’s UN travel ban lifted?
Mai Fatty: Mr. M’Bai, I must say it very humbly that I’m one of the
few lawyers in the world to be invited by the Security Council Sanction’s Committee , the Security Council’s Panel of Experts for Liberia’s sanctions in New York in relations to a sanction dossier… Now let me make some clarifications, the travel ban is not an indictment and those who continued to describe it an indictment are ignorant about the law of sanctions. It’s a Chapter Seven Resolution that restricts his movements, pending conclusion on investigations, pursuant to Security Council Resolution 1621, which is in 2003. The sanction’s Committee…. or Court of Law, where parties litigate and an indictment implies due process, verdict or judicial determination is made at the end. The sanctions regime on the other hand, does not operate that way.
Equally, the assets seized under the Security Council’s Resolution 1532, which was 2004, also does not disentitle Mr. Jobe to his financial resources in anyway. It does not also mean that the United Nations confiscated his assets. The new law, including the United Nations statutory laws, an asset freeze operates to ensure that there is no over reaching or that the assets in question must be protected pending the determination of future events. It’s intended to preserve the assets so that within the future the Security Council determines that they were the proceeds of the alleged activities concentrated under the UN Resolutions, they could be confiscated or appropriated to the Government of Liberia.
I would like to clarify that both the Travel Ban and the assets freeze are not conclusive. The Security Council did not at any material time determines the guilt of Baba Jobe. Now let me repeat, the United Nations Security Council had never pronounced Baba Jobe of arms trafficking or dealing in blood diamonds. Rather, the Security Council Resolution if I’m correct 1521, is to the effect that he is suspected of being associated with such activities. To prove the suspicion right, the Security Council Constituted a panel of experts to investigate into those suspicions. The law setting up the panel requires it to review this information every six months.