Families of individuals who have disappeared in Mali are voicing profound distress, urgently seeking information regarding the whereabouts, conditions, and legal status of their loved ones. They insist that if any wrongdoing is alleged, these cases must be promptly referred to the judicial system. Conversely, proponents of the transitional authorities argue that the paramount interests of the state and the ongoing counter-terrorism struggle provide justification for such methods.
The imperative of state security
Tiambel Guimbayara, a Malian journalist and vocal supporter of the current regime, emphasizes the extraordinary measures required for the military prosecutor’s investigations. As the director of publication for La voix du Mali, he asserts, “State interest allows for any investigation necessary for national security. We are, after all, dealing with the April 25 attacks, which tragically resulted in the death of Defense Minister General Sadio Camara, a pivotal figure within the system! I believe the reason of state transcends all other considerations, particularly in exceptional circumstances and especially when confronting terrorist groups and terrorism in general.“
Upholding the state’s integrity
This perspective, however, stands in stark contrast to Mali’s own Constitution, as well as international agreements such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Mali is a signatory to both these texts, which delineate a delicate balance between a state’s right to self-protection and its obligation to safeguard its citizens’ rights. Jean-François Akandji-Kombé, a Sorbonne professor specializing in international and community law in Africa, underscored this crucial point.
Professor Akandji-Kombé affirms, “The Malian state possesses full legitimacy to protect the Malian nation against terrorism. However, for the protection of Malian society itself, the state must not suspend the exercise of all liberties. In matters of prosecution, the right to a judge, the presumption of innocence, or the right to legal counsel cannot be abrogated. These are fundamental elements for maintaining societal cohesion, ensuring that the state does not lose its soul in the fight against terrorism and all other dangers that may threaten the life of the nation.“
Numerous observers suggest that the current regime may be leveraging the April 25 attacks and the pursuit of alleged accomplices as a pretext to neutralize political opponents actively campaigning for democracy within this West Africa insider news context.
Despite the multiple abductions reported over the past three weeks, the transitional authorities have maintained complete silence, offering no official statements on the incidents.
The collective of lawyers representing the family of Maître Mountaga Tall released a statement on Tuesday, expressing their “profound consternation” following the disappearance of his son, Cheikh Mamadou Tall, on May 16. The collective urged “the competent administrative and judicial authorities to take all necessary steps to ensure that both individuals regain their freedom and that full light is shed on the circumstances of their disappearance.“
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