Families of the missing are raising their voices, demanding answers about their loved ones’ whereabouts, detention conditions, and legal status. Above all, they insist that if any alleged offenses exist, those cases should be transferred to the judiciary. Yet supporters of Mali’s transitional authorities argue that national security and the fight against terrorism justify such measures.

State necessity

«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 permits conducting any inquiry necessary 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. I believe state necessity outweighs all other considerations, especially in exceptional circumstances like those posed by terrorist groups and terrorism in general.»

«So the state does not lose its soul»

This argument, however, clashes with Mali’s Constitution and international human rights obligations. The International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights—both ratified by Mali—strike a balance between a state’s right to self-defense and its duty to protect citizens. Jean-François Akandji-Kombé, a professor of international and African law at Sorbonne University, highlights this tension.

«The Malian state has full legitimacy to protect the nation from terrorism,» states Professor Akandji-Kombé. «Yet, to safeguard Malian society itself, the state cannot suspend fundamental freedoms or bypass legal procedures—such as the right to a fair trial, the presumption of innocence, or access to legal representation. These rights are non-negotiable. They are essential for preserving social cohesion and ensuring the state does not lose its moral compass in the fight against terrorism or any threat to national survival.»

Many observers warn that the transitional government is exploiting the April 25 attacks and the hunt for alleged accomplices as a pretext to eliminate political opponents advocating for democracy.

Over the past three weeks, multiple abductions have occurred, yet no official statement has been issued by the authorities.

The collective of lawyers representing the family of Maître Mountaga Tall issued a statement on Tuesday, expressing «profound dismay» over the disappearance of his son, Cheikh Mamadou Tall, on May 16. The group urges «competent administrative and judicial authorities to take all necessary steps to secure the release of both individuals and clarify the circumstances of their abduction.»