Families of individuals who have vanished are vocally expressing their deep concern, seeking information on the whereabouts, conditions, and legal status of their loved ones. They primarily demand that if any offenses are alleged, their cases be promptly referred to the judiciary. However, proponents of Mali’s transitional authorities argue that the paramount interests of the state and the ongoing counter-terrorism campaign legitimize these controversial methods.

Justifying State Action

“A military prosecutor’s investigation is underway, necessitating exceptional measures,” asserts Tiambel Guimbayara, a Malian journalist and publishing director of La voix du Mali, who openly supports the current regime. “The principle of state interest permits any inquiry vital for national security. Considering the April 25 attacks and the tragic death of Defense Minister General Sadio Camara, a pivotal figure within the system, I believe state interest transcends all considerations, especially in such extraordinary circumstances and when confronting terrorist groups and terrorism in general.”

Preserving the State’s Integrity

This perspective, however, directly conflicts with the Malian Constitution, as well as with 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 outline a balance between the state’s inherent right to self-preservation and its fundamental obligation to safeguard its citizens’ rights. This critical distinction 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 every legitimate right to defend the Malian nation against terrorism,” Professor Akandji-Kombé affirms. “However, to truly protect Malian society itself, the state must not suspend the exercise of all freedoms. In matters of prosecution, the right to a fair trial, the presumption of innocence, and the right to legal counsel cannot be abolished. These are fundamental pillars for maintaining societal cohesion, ensuring that the state does not compromise its core values in the fight against terrorism and other threats to the nation’s existence.”

Many observers suggest that the current regime is leveraging the April 25 attacks and the pursuit of alleged accomplices as a pretext to suppress political opponents who advocate for democratic principles within Mali.

Notably, the numerous abductions that have occurred over the past three weeks have received no official comment or statement from the transitional authorities.

The collective of lawyers representing the family of Maître Mountaga Tall issued a communiqué on Tuesday, conveying their “profound consternation” following the disappearance of his son, Cheikh Mamadou Tall, on May 16. The collective earnestly urges “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 surrounding their disappearance.”