For a full month, Mountaga Tall, a prominent Malian lawyer, former minister, and staunch advocate for democracy, has been held incommunicado by State Security. His detention, alongside that of his son and other pro-democracy activists, military personnel, and religious leaders, remains outside any legal framework. These arrests followed the widespread attacks on April 25, attributed to jihadist groups like Jnim and separatist factions of the FLA.
Mamadou Ismaïla Konaté, an attorney and former Malian Minister of Justice, who stands in opposition to the military regime that has governed for six years without elections, has spoken out on these grave developments. He addresses the plight of Mountaga Tall, the troubling instrumentalization of counter-terrorism efforts, and the perceived subjugation of the Malian justice system. Konaté, while expressing his strong aversion to jihadist terrorism, highlights the transitional regime’s accountability and explains his decision not to align with the Coalition of Forces for the Republic (CFR), the opposition alliance led by Imam Dicko.
Mountaga Tall’s Unlawful Detention
Despite persistent appeals for Mountaga Tall’s release or presentation to a judge from his family, lawyers, and the International Conference of Bar Associations, the transitional authorities in Mali appear unresponsive. Konaté expresses personal skepticism but insists that the authorities must heed reason and law. He emphasizes that no individual should be deprived of liberty outside legal bounds, even in the current context where the rule of law is tenuous. Konaté reminds the government that a state’s commitment to justice is often measured by its treatment of opponents, critics, and legal professionals. The fact that Tall, a political figure and lawyer, has been denied visits from doctors, legal counsel, and even the head of the Bar Association is unacceptable. This situation escalated further when, following a strong statement from the Bar Association president, Tall’s son was also abducted, a development Konaté deems intolerable.
Counter-Terrorism as a Pretext for Arbitrary Rule
The pattern of abductions, including military figures and religious leaders, has been implicitly linked by authorities and their supporters to an investigation by military justice into alleged complicity with armed groups during the April 25 attacks. Konaté firmly rejects the notion that the fight against terrorism can justify legal insecurity. He states unequivocally that a military camp is not a court of law. While legitimate detention is verifiable, arbitrary detention thrives on secrecy, a hallmark of the current climate of total arbitrariness in Mali. Konaté warns that today it is Mountaga Tall, but tomorrow it could be many others. He stresses the critical importance of preserving the legal framework, even amidst counter-terrorism efforts, ensuring that justice is both the beginning and the end of any process.
Subservience of Malian Justice
Beyond Tall’s case, Konaté points to other alarming instances that suggest the Malian justice system is compromised. He cites the conviction of former Prime Minister Moussa Mara to a year in prison for a tweet expressing hope for a better future, while supporters of the transition openly call for violence against pro-democracy activists or Mauritanian-owned businesses. Konaté asserts that this justice, which should uphold public order and security, now appears submissive. He urges judges to recognize that their duty is to the State, the nation, and its people, not to any particular regime, military or otherwise.
When questioned about judges potentially acting out of fear, Konaté acknowledges the possibility but insists that the law provides avenues for judges to recuse themselves. He believes that by succumbing to fear, judges are playing a detrimental role, undermining the very essence of justice. He reminds them that while the present moment may be challenging, justice will ultimately prevail.
Government Accountability Amidst Instability
Despite the severe attacks on April 25, the death of Minister Sadio Camara, and the fall of Kidal, which led some to believe the military government was weakened, its hold on power seems to persist. Konaté acknowledges that terrorism has no place in society, representing a fundamental rejection of social contract, law, and civil peace. However, he argues that it is now impossible to overlook the responsibility of a government that seized power and maintains it through force and terror. He contends that the increasing dangers faced by the country and its citizens cannot be separated from the decisions made by those who have governed Mali for the past six years.
A Principled Opposition: Refusal to Join the CFR
As an outspoken critic of Mali’s transitional authorities, Konaté clarifies his reasons for not joining the CFR, the coalition led by Imam Dicko. He describes the current political landscape as a choice between
