Families of individuals who have disappeared in Mali are voicing profound concern, demanding information on the whereabouts, conditions, and legal status of their loved ones. They insist that if any wrongdoing is alleged, these cases must be promptly transferred to the justice system. However, supporters of the transitional authorities contend that the paramount interest of the Malian State and the urgent need for counter-terrorism measures justify the current approach.

State imperative

“A military prosecutor’s investigation is underway, requiring extraordinary resources,” explains Tiambel Guimbayara, a Malian journalist and publishing director of La voix du Mali, who openly supports the current regime. “The reason of state allows for any investigation necessary for national security. We are, after all, talking about the April 25 attacks and the death of Defense Minister General Sadio Camara, one of the most crucial figures in the system! I believe the reason of state transcends everything, especially in an exceptional context, particularly when confronting terrorist groups and terrorism in general.”

“To prevent the state from losing its soul”

This perspective, however, stands in direct opposition to the Malian Constitution, as well as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Mali is a signatory to both international instruments, which meticulously balance the state’s right to self-protection with its fundamental duty to safeguard its citizens’ rights. This critical balance is underscored by Jean-François Akandji-Kombé, a professor at the Sorbonne and an expert in international and community law in Africa.

“The Malian State possesses full legitimacy to protect the Malian nation against terrorism,” Professor Akandji-Kombé asserts, “but for the protection of Malian society itself, the Malian State must not suspend the exercise of all liberties. In matters of prosecution, the right to a judge, the right to presumption of innocence, or the right to be defended by a lawyer – these rights cannot be suppressed. They are fundamental elements for maintaining societal cohesion, crucial to ensure the state does not lose its soul in the fight against terrorism and all dangers that could threaten the nation’s life.”

Many observers suggest that the current regime is leveraging the April 25 attacks and the hunt for alleged accomplices as a pretext to eliminate political opponents who champion democracy.

The numerous abductions that have occurred over the past three weeks have not elicited any official statements from the transitional authorities in Mali.

The collective of lawyers representing the family of Maître Mountaga Tall issued a communiqué on Tuesday, expressing their “deep consternation” following the May 16 disappearance of his son, Cheikh Mamadou Tall. The collective implores “the competent administrative and judicial authorities to exert every effort to ensure both individuals regain their freedom, and that full clarity is shed on the circumstances of their disappearance.”