Families of the missing are raising urgent questions: Where are their loved ones being held? Under what conditions? And what legal status do they hold? Their primary demand is straightforward—if accusations are made, cases must be transferred to the judiciary. Yet supporters of Mali’s transitional authorities argue that national security and counterterrorism efforts justify these actions.

State necessity vs. legal rights

Tiambel Guimbayara, a Malian journalist and editor-in-chief of La voix du Mali, a vocal regime backer, defends the approach. “A military prosecutor’s investigation is underway, requiring extraordinary resources. State necessity permits any measure to ensure national security—especially after the April 25 attacks that claimed the life of Defense Minister General Sadio Camara, one of the regime’s most pivotal figures. In the face of terrorism, state necessity must prevail.”

His stance clashes with Mali’s Constitution and international commitments, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. These frameworks, to which Mali is a signatory, strike a balance between a state’s right to self-protection and its duty to safeguard citizens—an equilibrium highlighted by Jean-François Akandji-Kombé, a Sorbonne professor specializing in international and African community law.

“While Mali has every right to combat terrorism, it cannot suspend fundamental freedoms or deny detainees the right to a fair trial, presumption of innocence, or legal counsel,” Akandji-Kombé asserts. “These rights are essential to preserving societal cohesion and preventing the state from losing its moral compass in the fight against terrorism.”

Critics argue the transitional government is exploiting the April 25 attacks and the hunt for alleged accomplices to sideline political opponents advocating for democratic reforms.

Since mid-May, multiple abductions have occurred with no official acknowledgment from the authorities.

A collective of lawyers representing the family of Mountaga Tall, a prominent lawyer, issued a statement expressing “profound dismay” over the disappearance of his son, Cheikh Mamadou Tall, on May 16. The group urged “competent administrative and judicial authorities to take all necessary steps to secure their release and clarify the circumstances of their detention.”