Families of the missing are voicing their deep concerns, demanding to know the whereabouts of their loved ones, the conditions of their detention, and their legal status. They insist that if any wrongdoing is alleged, cases must be formally handed over to the judicial system. Yet, supporters of Mali’s transitional authorities argue that national security imperatives and the fight against terrorism justify these measures.

State necessity vs. individual rights

«There is a military prosecutor’s investigation underway, which requires exceptional resources,» explains Tiambel Guimbayara, a Malian journalist and editor-in-chief of La Voix du Mali, a vocal supporter of the current regime. «State necessity allows for all necessary measures to be taken to ensure national security. The April 25 attacks, which claimed the life of Defense Minister General Sadio Camara—one of the most influential figures in the system—demonstrate why extraordinary measures are justified in the face of terrorism and extremist threats.»

Balancing security and justice

This stance, however, clashes with Mali’s Constitution and international human rights obligations, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Both treaties, which Mali has ratified, establish a delicate balance between a state’s right to self-protection and its duty to uphold citizens’ fundamental freedoms, notes Jean-François Akandji-Kombé, a professor at Sorbonne University and an expert in international and African law.

«While Mali has every right to defend itself against terrorism,» states Professor Akandji-Kombé, «it cannot suspend core legal protections such as the presumption of innocence, access to a lawyer, or the right to a fair trial. These rights are essential to preserving social cohesion and ensuring the state does not lose its moral compass in the pursuit of security.»

Critics argue that the recent wave of detentions, which has intensified over the past three weeks, may be used as a pretext to silence political opponents advocating for democratic reforms, particularly in the aftermath of the April 25 attacks.

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