Families in Mali are voicing profound concern over the disappearances of their loved ones, urgently seeking information on their detention conditions, location, and legal standing. They demand that if any offenses are alleged, these cases be promptly brought before the judicial system. However, those who support the transitional authorities contend that the paramount interest of the state and the imperative of counter-terrorism justify the methods employed by Mali’s State Security.

The doctrine of ‘reason of state’

“A military prosecutor’s investigation is underway, requiring exceptional resources,” explained Tiambel Guimbayara, a Malian journalist and publishing director of La voix du Mali, who openly supports the current regime. “Reason of state permits any investigation deemed 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 all other considerations, especially in an exceptional context, and particularly when confronting terrorist groups and terrorism in general.”

Safeguarding Mali’s core values

This perspective, however, stands in direct contrast 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 outline the delicate balance between a state’s right to self-protection and its fundamental obligation to safeguard the rights of its citizens. Jean-François Akandji-Kombé, a professor at the Sorbonne and an expert in international and community law in Africa, underscored this critical balance.

“The Malian state possesses full legitimacy to protect the Malian nation against terrorism,” Professor Akandji-Kombé asserted, “but 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 abolished. These are fundamental elements for maintaining societal cohesion, ensuring the state does not lose its soul in the fight against terrorism and all dangers that could threaten the life of the nation.”

Many observers suggest that the current regime is leveraging the April 25 attacks and the pursuit of alleged accomplices as a pretext to neutralize political opponents actively advocating for democracy. The transitional authorities have maintained complete silence regarding the numerous abductions that have occurred over the past three weeks.

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