Families of the missing are raising the alarm, demanding answers about the whereabouts, conditions, and legal status of their loved ones. They insist that if any wrongdoing is alleged, cases must be handed over to the judicial system. Yet, supporters of Mali’s transitional authorities argue that national security imperatives and counterterrorism efforts justify these measures.

State necessity vs. individual rights

«There is a military prosecutor’s investigation underway, requiring exceptional resources,» explains Tiambel Guimbayara, a Malian journalist and editor-in-chief of La Voix du Mali, a vocal advocate for the current regime. The principle of state necessity allows authorities to conduct any investigation deemed essential for national security. After all, the April 25 attacks resulted in the death of Defense Minister General Sadio Camara, one of the regime’s most pivotal figures. In such circumstances, state necessity must prevail, particularly when confronting terrorist threats.»

Balancing security and justice

This stance clashes with Mali’s Constitution and international human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights—both ratified by Mali. These frameworks emphasize the balance between a state’s right to self-protection and its duty to uphold citizens’ fundamental freedoms. Legal scholar Jean-François Akandji-Kombé, a professor at Sorbonne University specializing in international and African law, highlights this tension.

«The Malian state has every right to protect its citizens from terrorism,» states Professor Akandji-Kombé. However, in doing so, it cannot suspend essential liberties or bypass judicial processes. The right to a fair trial, the presumption of innocence, and access to legal representation are non-negotiable. These rights are the bedrock of societal cohesion and must not be sacrificed in the name of security. Otherwise, the state risks losing its moral compass in the fight against terrorism and other existential threats.»

Political repression or counterterrorism?

Critics argue that the regime is exploiting the April 25 attacks and the hunt for alleged accomplices as a pretext to eliminate political opponents advocating for democratic reforms. Since the recent wave of abductions began three weeks ago, no official statement has been issued by the transitional authorities.

The legal team representing the family of prominent lawyer Mountaga Tall has issued a statement expressing «profound dismay» following the disappearance of his son, Cheikh Mamadou Tall, on May 16. The collective urges «competent administrative and judicial authorities to take all necessary steps to secure their release and clarify the circumstances of their abduction.»