Families of the missing are raising desperate questions about the whereabouts and conditions of detained relatives, demanding clarity on their legal status. If charges are pending, they insist cases be transferred to the judicial system. Yet supporters of the transitional authorities argue that national security imperatives and the fight against terrorism justify these measures.

State necessity over individual rights?

«There is a military prosecutor’s investigation underway, requiring exceptional resources,» explains Tiambel Guimbayara, Malian journalist and editor-in-chief of La Voix du Mali, a vocal backer of the current regime. «State necessity permits all necessary measures for national security. Consider the April 25 attacks, which claimed the life of Defense Minister General Sadio Camara—one of the regime’s most pivotal figures! In such exceptional circumstances, especially against terrorist groups, the logic of state necessity must prevail.»

When security trumps justice

This rationale clashes sharply with Mali’s Constitution and international obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Both treaties, to which Mali is a signatory, strike a balance between a state’s right to self-defense and its duty to protect citizens. Legal scholar Jean-François Akandji-Kombé of Sorbonne University, an expert in international and African community law, highlights this tension.

«While the Malian State has full legitimacy to combat terrorism,» Akandji-Kombé asserts, «protecting society does not mean suspending fundamental freedoms or undermining core legal rights—such as access to a judge, the presumption of innocence, or legal representation. These are not negotiable. They are the bedrock of societal cohesion and prevent the state from losing its moral compass in the fight against terror and other existential threats.»

Critics warn that the regime is exploiting the April 25 attacks and subsequent manhunts to eliminate political opponents advocating for democratic governance.

Over the past three weeks, multiple abductions have occurred without any official statement from the transitional authorities.

The collective of lawyers representing the family of human rights lawyer Mountaga Tall issued a statement expressing «profound dismay» following the May 16 disappearance of Tall’s son, Cheikh Mamadou Tall. The group called on «competent administrative and judicial authorities to take all necessary steps to secure the immediate release of both individuals and to fully clarify the circumstances surrounding their disappearance.»