Families of individuals who have recently disappeared in Mali are voicing profound distress, desperately seeking information about their loved ones’ whereabouts, detention conditions, and legal standing. They are urgently demanding that if any offenses are alleged, these cases be properly submitted to the judicial system. However, those who support Mali’s transitional authorities contend that the paramount interests of the state and the ongoing anti-terrorism efforts inherently justify these operational methods.

The imperative of state security

“A military prosecutor’s investigation is underway, which necessitates extraordinary measures,” asserted Tiambel Guimbayara, a Malian journalist and publishing director of La voix du Mali, known for his vocal support of the current administration. “The principle of ‘reason of state’ permits any investigation deemed necessary for national security. We are, after all, dealing with the aftermath of the April 25 attacks, which included the tragic death of Defense Minister General Sadio Camara, a pivotal figure within the system! I firmly believe that state security supersedes all other considerations, especially within an exceptional context and in the face of terrorist groups and terrorism in general.”

Upholding Mali’s core values

This perspective, however, appears to conflict with 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 outline a delicate balance between a state’s right to self-preservation and its fundamental duty to safeguard its citizens’ rights. This critical distinction was highlighted by Jean-François Akandji-Kombé, a professor at the Sorbonne and an esteemed expert in international and community law in Africa.

“The Malian state possesses full legitimacy to protect the Malian nation from the scourge of terrorism,” Professor Akandji-Kombé affirmed. “Yet, for the very protection of Malian society itself, the state must not suspend the exercise of all liberties. In matters of prosecution, the right to a fair trial, the presumption of innocence, or the right to legal counsel cannot be abrogated. These are fundamental pillars for maintaining societal cohesion and ensuring that the state does not ‘lose its soul’ in its vital struggle against terrorism and all threats to the nation’s existence.”

Many observers suggest that the current regime is utilizing the April 25 attacks and the subsequent hunt for alleged accomplices as a convenient pretext to silence and eliminate political opponents who advocate for democratic principles.

Notably, the numerous Mali abductions that have occurred over the past three weeks have not elicited any official statements or explanations from the transitional authorities.

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