Families of individuals who have vanished are voicing profound apprehension, urgently seeking information on the whereabouts, conditions, and legal status of their loved ones. They primarily demand that if any offenses are alleged, these cases be promptly referred to the judiciary. However, those supporting Mali’s transitional authorities contend that the paramount interest of the state and the ongoing fight against terrorism legitimize these methods.
State imperative
“A military prosecutor’s investigation is underway, requiring exceptional resources,” asserts Tiambel Guimbayara, a Malian journalist, publishing director of La Voix du Mali, and an outspoken supporter of the current administration. “The principle of state imperative allows for any inquiry essential to national security. Notably, the April 25 attacks 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 an extraordinary context and especially when confronting terrorist groups and terrorism in general.”
“To prevent the state from losing its soul”
This stance, however, directly conflicts 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 establish a crucial balance between a state’s right to self-protection and its fundamental obligation to safeguard its citizens. This critical point 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 complete legitimacy to defend the Malian nation against terrorism,” Professor Akandji-Kombé affirms. “However, in protecting Malian society itself, the state is not justified in suspending the exercise of all liberties. In judicial proceedings, the right to a judge, the presumption of innocence, and the right to legal representation cannot be abolished. These are fundamental elements for maintaining societal cohesion and ensuring the state does not compromise its core values in the fight against terrorism and other threats to the nation’s existence.”
Numerous observers suggest that the current regime is leveraging the April 25 attacks and the hunt for potential accomplices as a pretext to eliminate political opponents who advocate for democratic principles.
Despite the multiple abductions reported over the past three weeks, Mali’s transitional authorities have yet to issue any official statements.
The collective of lawyers representing the family of Maître Mountaga Tall released a communiqué on Tuesday, expressing their “profound consternation” following the disappearance of his son, Cheikh Mamadou Tall, on May 16. The collective implores “the competent administrative and judicial authorities to exert every effort to ensure both individuals regain their freedom and to shed light on the circumstances surrounding their disappearance.”