2024-04-24 00:14:00
The coalition of the declaration of March 31 was formed, in an unprecedented way, to contest the extension of the transition beyond the date of March 26. However, this deadline had been set by the Bamako authorities themselves. Demanding today to be able to resume their activities, these parties and associations have formed “a pool of lawyers” to contest a decree deemed “tyrannical and liberticidal”.
The parties and associations signatories to the declaration of March 31 had already announced that they would use all possible legal avenues, with some members not hesitating to describe the suspension of the political activities of parties and associations as “dictatorial”. We have to go back to the military regime of General Moussa Traoré, between 1969 and 1991, to find a precedent in Mali.
Justice “on orders” from Bamako?
But, due to this very suspension, the approach of the political organizations seems to have little chance of success: for the Supreme Court, taking it into account, in any way whatsoever, would already be a form of contesting the suspension.
As a reminder, the transitional authorities accuse the parties and associations, overall, of carrying out “subversion” actions and invoke “public order” to justify this decision which is now being contested in court. Many opponents believe above all that the Malian justice system is currently “under the orders” of the transitional regime.
“Legal vacuum” since the official end of the transition
Three weeks ago, two organizations of magistrates and prosecutors petitioned the Constitutional Court over the “legal vacuum” created by the official end of the transition period – this end had been set for March 26 by presidential decree. The Court didn’t even bother to respond. We can also mention the numerous proceedings initiated against very critical voices: Étienne Fakaba Sissoko, Ras Bath, the “Rose la vie cher” influencer, among others.
“We once again wanted to put Malian justice to the test,” explains an active member of the Malian opposition and former minister, “to make everyone face their responsibilities in the face of history. Today, the Supreme Court can rehabilitate itself before the people. »
Another member of the opposition indicates that it is also a question of “taking national and international opinions as witness”. This before having no alternative other than popular protest and civil disobedience. Although some are already considering it today, this option remains as uncertain as it is risky.
“The judge must be the last bastion when the ruler violates the law”
Maître Mamadou Ismaïla Konaté is a lawyer and former Malian Minister of Justice. He is not part of any of the organizations behind this appeal to the Supreme Court, but positions himself publicly as an opponent of the Malian transitional authorities. He contests their legitimacy and, in this case, the legality of their decision on the suspension of the political activities of parties and associations in Mali. Interview.
RFI: Is this approach before the Supreme Court likely to succeed?
Mr. Konaté: I don’t know if it has a chance of succeeding or not. We cannot prejudge a process that will go to the judge, but I at least know that they have legal grounds to go to the judge. In this case, we have a minister who took the initiative of suspending the activities of political parties and associations of this nature, on grounds that are fallacious. The existence of political parties results from the Charter of Political Parties, and associations are governed by laws and regulations which, themselves, come from the Constitution. It is still one of the fundamental rights that has been preserved in the Republic of Mali since 1991! It is still curious that it is a transitional regime, with a military junta at its head, which takes such a liberticidal initiative. We are truly in the presence of abuse of power by the “legal” authority, in quotation marks.
In this current context of transition, does the Malian justice system, in this case the Supreme Court, have a free hand to handle this matter?
By nature, an independent judge has a free hand.
But in this context, aren’t judges also subject to political pressure?
A priori, yes. We can perhaps suspect the judges of being subject to political action, or otherwise of moving in the direction of politics: in either case, we are not in a state of law, but in a lawless state. Just think about the situation in Senegal, the responses that were given in relation to the violation of the law [lorsque la Cour constitutionnelle a invalidé le report de la présidentielle décidé par l’ancien président Macky Sall, NDLR] ; we are in the same context.
The judge must be the only bulwark still capable of standing up to tell the ruler, when he violates the law, that he does not have the right to do so. There needs to be a break. I am convinced that even in an “exceptional” context, where we have at the head of the State a military regime which violates everything, the last resort must be the judge.
Three weeks ago, AMPP and Refsyma, two associations of magistrates and prosecutors, had already taken the matter to Malian justice. This time it was the Constitutional Court on the end of the transition period, officially on March 26, but not in fact. The Constitutional Court, to date, has taken no action.
It is important that she gives the information of her referral, it is even more important that she indicates the time frame within which she will react to this referral. Not doing so would mean exposing ourselves to the submission of judges, taking into account only the will of the prince of the day.
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