Mali: state security abductions raise human rights concerns amid counter-terrorism efforts

Families of individuals who have recently disappeared in Mali are voicing profound distress, urgently seeking information regarding the whereabouts, conditions of detention, and legal status of their loved ones. They are making a critical appeal for their cases to be transferred to the judicial system, particularly if any offenses are alleged. However, proponents of Mali’s transitional authorities contend that the paramount interests of the state and the ongoing counter-terrorism efforts justify the current approach to these detentions.

The imperative of state security

“A military prosecutor’s investigation is underway, necessitating exceptional measures,” asserts Tiambel Guimbayara, a Malian journalist and publishing director of La voix du Mali, who openly backs the current regime. “The imperative of state security permits any investigation deemed necessary for national protection. We are addressing the aftermath of the April 25 attacks, which tragically included the death of Defense Minister General Sadio Camara, a pivotal figure within the system! I believe that the reason of state transcends all other considerations, especially within an exceptional context, and particularly when confronting terrorist groups and terrorism broadly.“

Preserving the state’s integrity

This position starkly contrasts 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 mandate a delicate balance between a state’s right to self-preservation and its fundamental duty to safeguard its citizens’ rights. This critical balance is underscored by Jean-François Akandji-Kombé, a professor at the Sorbonne specializing in international and community law in Africa.

“The Malian state possesses every legitimate right to protect the Malian nation from terrorism,” Professor Akandji-Kombé explains, “but for the protection of Malian society itself, the state must not suspend the exercise of all liberties. In matters of prosecution, the right to a judge, the right to the presumption of innocence, and the right to legal counsel cannot be suppressed. These are fundamental elements for maintaining societal cohesion, ensuring that the state does not lose its soul in the fight against terrorism and all other dangers that might threaten the nation’s existence.“

Many observers suggest that the current regime is leveraging the pretext of the April 25 attacks and the pursuit of potential accomplices to sideline political opponents who advocate for democracy.

Despite numerous abductions occurring over the past three weeks, Mali’s transitional authorities have yet to issue any official statements on the matter.

The collective of lawyers representing the family of Maître Mountaga Tall released a statement on Tuesday, conveying their “profound dismay” 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 that full clarity is shed on the circumstances of their disappearance.“