Republic of Mali (Mali).

Africa (Western Africa).

French.

14,100,000 (2011 est.).

Abolitionist de facto.

1980 Two persons were sentenced to death for murder, armed robbery and other offenses, and were executed by shooting on Aug. 21, 1980.

Shooting.

Executions can be carried out by firing-squad.

81.

There were 81 individuals under sentence of death in Mali at the end of 2018.

(This question was last updated on May 30, 2019.).

There may be an official moratorium on executions. On May 16, 2002, President Konaré’s government issued a decree suspending executions for a period of two years. It was not renewed in 2004 but during a September 2007 speech, President Touré committed himself to abolishing the death penalty in Mali. Reports indicate that President Touré systematically commutes all death sentences imposed by courts to life imprisonment. Additionally, a draft bill on abolition was introduced into the National Assembly by the government in October 2007. Its debate has been postponed several times as a result of internal opposition.

Article 1 of the Constitution states that the human person is sacred and inviolable and that everyone has the right to life, without providing for any exceptions, implying that capital punishment could be unconstitutional.

Aggravated Murder.

Premeditated murder, murder committed in furtherance of another offense, murder committed for ritual purposes or by immolation, parricide and poisoning resulting in death.

Other Offenses Resulting in Death.

Torture committed by a public officer and leading to death is punishable by death.

Terrorism-Related Offenses Resulting in Death.

Hijacking an aircraft resulting in death, damaging any buildings, roads, facilities or vehicles of public utility with explosives and causing death,.

Terrorism-Related Offenses Not Resulting in Death.

Bombing or setting fire to transportation facilities or facilities belonging to the state, placing roadside bombs, and participating in a group that attempted or committed a terrorist attack designed to provoke insurrection, devastation or massacres,.

Robbery Not Resulting in Death.

Gang robbery, armed robbery, and robbery committed with violence or in a state of intoxication are punishable by death.

Arson Not Resulting in Death.

Setting fire to occupied or usually occupied buildings, boats or vehicles, is punishable by death. Setting fire to a state building or destroying it with explosives is punishable by death.

Kidnapping Not Resulting in Death.

Unlawful arrest, kidnapping and hostage-taking are punishable by death when the victim is tortured.

Treason.

Committing treason in the service of a foreign power, conspiring or attempting to overthrow the government, conspiring against state security as a public employee or as part of an armed group, conspiring against military commanders in time of war, illegally taking command of public forces, and attempting to provoke insurrection, civil war, devastation or massacres,.

Espionage.

Espionage by foreign nationals is punishable by death.

Military Offenses Not Resulting in Death.

The 1995 Military Justice Code of Mali provides that desertion before the enemy, cowardice or dereliction of duty, insubordination in time of war, and instigation of a mutiny in time of war.

War Crimes, Crimes Against Humanity and Genocide.

Crimes against humanity and genocide.

Other Offenses Not Resulting in Death.

- Assaulting on-duty state employees with the intention of causing death is punishable by death.
- Poisoning or mass poisoning of water supplies, whether or not they result in death, are punishable by death.
- Committing torture or barbarous acts in the course of a serious offense is punishable by death.
- Attempting a death-eligible crime is punishable by death.

Article 18 of the Penal Code provides that if there are mitigating circumstances, the sentencing court may replace the death penalty with a sentence ranging from 5 years to life imprisonment.

Article 18 further provides that mitigating circumstances cannot benefit a defendant who committed a crime in a state of intoxication. It is unclear whether this precludes consideration of any mitigating factors for such defendants, or whether this merely prohibits considering intoxication alone as a mitigating factor.

Comments.

None. Article 18 of the Penal Code provides that if there are mitigating circumstances, the sentencing court may replace the death penalty with a sentence ranging from 5 years to life imprisonment.

We have been unable to ascertain, however, whether defendants who commit an offense in a state of intoxication are excluded from the scope of Article 18 (see previous question)."

Individuals Below Age 18 at Time of Crime.

Under the Penal Code, the age of criminal responsibility is 18 years at the time of commission of the offense. Persons who commit a death-eligible crime before the age of 18 may be sentenced to a maximum of 20 years’ imprisonment.

Under the 1995 Military Justice Code, military courts with jurisdiction over juveniles are bound by the sentencing limitations of ordinary criminal law.

Moreover, Mali is a party to the ICCPR and to the Convention on the Rights of the Child, which prohibit the execution of individuals for crimes committed while under the age of 18.

Pregnant Women.

Under Article 11 of the Penal Code, a pregnant woman may only be executed after giving birth and weaning her child. Additionally, Mali is party to the ICCPR, which prohibits the execution of pregnant women."

Women With Small Children.

Under Article 11 of the Penal Code, a nursing woman shall be executed only after she has weaned her child.

Mentally Ill.

Under Article 28 of the Penal Code, no crime is constituted where the accused was mentally insane at the time the offense was committed.

Comments.

No individual has been executed since 1980.

As of March 7, 2012 we did not find any significant published cases concerning the death penalty in Mali courts. Reports indicate that in Mali few legal opinions are published.

Proper ratification of treaties requires the approval of Mali’s Constitutional Court, which determines the consistency of the treaty obligations with the Constitution. Properly ratified treaties take precedence over legislation.

The last Observations of the Human Rights Committee regarding Mali date back to 2003. The Committee then welcomed “the moratorium on the application of the death penalty in force in Mali since 1979, and the current trend towards the abolition of capital punishment.”

The Human Rights Council in its 2008 Universal Periodic Review of human rights recommended that Mali adopt pending legislation abolishing the death penalty, bring the conditions of imprisonment up to international standards, reduce overcrowding and assure access to adequate medical treatment in prisons, and take measures to strengthen the independence of the judiciary and eliminate judicial corruption. Mali supported the recommendation that it promptly adopt the bill abolishing the death penalty.

The law requires that any person prosecuted before a Court of Assizes be represented by counsel. However, the organization Avocats Sans Frontières France reports that the legal aid system is not operational, a reality which has been acknowledged by the Ministry of Justice. The very small number of lawyers in the country, especially outside the cities of Bamako and Mopti, often prevents access to legal representation. In recent years, reports have indicated that there are less than 275 lawyers in Mali, almost all of them settled in the capital. As a consequence, indigent defendants outside Bamako do not have access to a lawyer to represent them.

Note: By the conclusion of our research, we were unable to obtain a copy of Mali’s 2001 legal aid law.

Article 12 of the 2006 Decree on legal aid provides for legal aid on appeal. However, Avocats Sans Frontières France reports that the legal aid system is not operational and that the situation has been acknowledged by the Ministry of Justice. The very small number of lawyers often prevents access to legal representation. In recent years, reports have indicated that there are less than 275 lawyers in the whole country and almost all of them are settled in the capital. As a consequence, indigent defendants outside Bamako do not have access to a lawyer to represent them.

The very small number of lawyers in the country often prevents access to legal representation. In recent years, reports have indicated that there are less than 275 lawyers in the whole country and almost all of them are settled in the capital. As a consequence, indigent defendants outside the main cities of Bamako and Mopti do not have access to a lawyer to represent them.

Criminal cases for the most serious offenses, such as capital cases, are tried in the Court of Assizes. A defendant may appeal from the judgment of the Court of Assizes to the Supreme Court sitting as a Court of Cassation (a court where only errors of law are considered). The Court of Cassation may not make fact-based determinations on appeal, but it can remand a case back to the Court of Assizes, attended by other judges and another jury, if the original Court of assizes made an error of law.

Under Article 45 of the Constitution, the President has the prerogative of mercy. The President also proposes amnesty laws. Reports indicate that the President currently uses this prerogative to systematically commute all death sentences imposed by courts.

A death sentence is always subject to an appeal for clemency, which must be introduced by the public prosecutor. No execution may take place until clemency has been denied. The President exercises the prerogative of mercy by issuing a decree after receiving advice from the National Clemency Commission (Commission nationale de grâce), whose members are determined by the Council of Ministers.

Serious crimes are handled by the Courts of Assizes, where juries are used along with professional judges (the Court of Assizes is composed of four jurors and 3 professional judges). While guilt is determined by a simple majority, Article 346 of the Penal Procedure Code requires a supermajority of 5 out of 7 for a death sentence to be pronounced.

The judiciary faces interference by the executive, staff and equipment shortages and case overloads, and inadequate salaries. This has led to a lack of independence, impartiality and quality, and to widespread corruption. Lengthy pretrial detention is also an issue – approximately 67 percent of the prison population consisted of persons awaiting trial in 2010.

The Institute for Security Studies does not mention any specific prisons or facilities where persons are held under sentence of death.

We believe that as of March 2012 no one is under sentence of death in Mali. In 1997, President Konaré commuted all death sentences to life imprisonment. He was succeeded in 2002 by President Toumani Touré, who opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least 39 individuals were sentenced to death in 2008, 2009, and 2010, but we believe that their sentences were commuted. At least one death sentence was handed down in 2011 against a Tunisian national, Bechnir Simoun, for committing a terrorist attack against the French Embassy in Bamako in January 2011. In December 2011, President Toumani Touré granted him clemency.

We believe that as of March 2012 no one is under sentence of death in Mali. President Toumani Touré opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least 39 individuals were sentenced to death in 2008, 2009, and 2010, but we believe that their sentences were commuted. At least one death sentence was handed down in 2011 against a Tunisian national, Bechnir Simoun, for committing a terrorist attack against the French Embassy in Bamako in January 2011. In December 2011, President Toumani Touré granted him clemency.

However, individuals who face a life sentence after their death sentence has been commuted may face seriously inadequate living conditions. Overpopulation, poor access to medical facilities and insufficient food supplies are among the most serious problems faced by detainees.

We believe that as of March 2012 no one is under sentence of death in Mali. President Toumani Touré opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least one death sentence was handed down in 2011 against a Tunisian national, Bechnir Simoun, for committing a terrorist attack against the French Embassy in Bamako in January 2011. In December 2011, President Toumani Touré granted him clemency.

We believe that as of March 2012, no-one is under sentence of death in Mali.

We believe that as of March 2012 no one is under sentence of death in Mali. President Toumani Touré opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least one death sentence was handed down in 2011 against a Tunisian national, Bechnir Simoun, for committing a terrorist attack against the French Embassy in Bamako in January 2011. In December 2011, President Toumani Touré granted him clemency.

We believe that as of March 2012 no one is under sentence of death in Mali. In 1997, President Konaré commuted all death sentences to life imprisonment. He was succeeded in 2002 by President Toumani Touré, who opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least 40 individuals were sentenced to death in 2008, 2009, 2010, and 2011, but we believe that their sentences were commuted.

We believe that as of March 2012 no one is under sentence of death in Mali. In 1997, President Konaré commuted all death sentences to life imprisonment. He was succeeded in 2002 by President Toumani Touré, who opposes the death penalty and as of 2008 was systematically commuting all death sentences that were pronounced. At least 40 individuals were sentenced to death in 2008, 2009, 2010, and 2011, but we believe that their sentences were commuted.

However, we note that corruption in the judiciary leads to discrimination between poor and wealthy defendants. Thus, the practice of commuting death sentences to life imprisonment may not address any unfairness in the awarding of death sentences, because poor defendants could still face vastly disproportionate punishment compared to wealthy defendants (who may receive lighter judicial sentences compared to a poor person’s commuted life imprisonment sentence).

The last executions in Mali took place in August 1980, when two persons sentenced to death for murder, armed robbery and other offenses were executed by shooting. In 1997, President Konaré commuted all death sentences to life imprisonment. In May 2002, the government issued a decree suspending executions for two years, in order to create an opportunity for national debate about the death penalty.

In 2004, the official moratorium was lifted, and courts still pronounce death sentences, but reports indicate that since 2008, President Toumani Touré, who opposes the death penalty, systematically commutes death sentences when courts hand them down. Touré committed himself to abolishing the death penalty in Mali during a speech in September 2007.

The Cabinet (Conseil des Ministres) first introduced an abolition bill (replacing the death sentence with life imprisonment) before the National Assembly in October 2007. The bill was met with fierce opposition by Islamic groups and the opposition party, the National Union for Renaissance (Union Nationale pour la Renaissance). Under the leadership of Modibo Sangaré, the UNPR demonstrated in May 2008 to denounce the abolition bill as the result of Western “manipulation.” Religious leaders rejected abolition as “fundamentally opposed” to religious rules and expressed the fear that it would pave the way to anarchy and social instability. A former leader of the national bar association (Ordre des Avocats), Kassoum Tapo, criticized these religious objections for being irrelevant: the death penalty in Mali is a civil penalty and does not result from the application of sharia law.

Opposition to the abolition bill has caused the parliamentary debate and vote to be postponed several times, most recently in December 2010, when the abolition bill was tabled for the parliamentary session of April 2011. By the end of our research, no outcome of the abolition debate was reported, and we assume that the bill is still pending in the National Assembly.

Meanwhile, it seems that executions continue to be suspended through the exercise of executive clemency. On November 28, 2011, a Tunisian national, Bechnir Simoun, was sentenced to death for the terrorist attack against the French Embassy in Bamako in January 2011. On December 15, 2011, President Toumani Touré granted him clemency and authorized his extradition to Tunisia for further judicial proceedings. By the end of our research, no outcome of the abolition debate was reported, and we assume that the bill is still pending in the National Assembly.

Meanwhile, it seems that executions continue to be suspended through the exercise of executive clemency. On November 28, 2011, a Tunisian national, Bechnir Simoun, was sentenced to death for the terrorist attack against the French Embassy in Bamako in January 2011. On December 15, 2011, President Toumani Touré granted him clemency and authorized his extradition to Tunisia for further judicial proceedings.

None.

Association Malienne Des Droits De L'homme (AMDH)
Me. Brahima KONE, Président
BP 3129 Bamako
amdh@malinet.ml
Tél : +223 22 34 62 ou + 223 643 57 64
Fax : +223 22 93 77

Amnesty Mali
Immeuble Soya Bathily
Route de l'aéroport Kalabancoura rue 24
Bamako BP E 3885
amnesty.mali@ikatelnet.net
http://www.amnestymali.net

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk.

Reports indicate that in Mali few legal opinions are published. It is possible that decisions may become available through websites such as http://www.justicemali.org/.

Alhousseiny Diabate & Mohamedine Ag Akly, Le Mali: les traditions (islam), le droit moderne et le concept de la peine de mort, Ensemble Contre la Peine de Mort, http://www.abolition.fr/Upload/documents//Diabate.pdf, 2004, last accessed Mar. 7, 2012.

Institute for Security Studies, Mali Criminalité et Justice Criminelle, L’Initiative Africaine Pour La Sécurité Humaine, Monograph No. 162, Jun. 1, 2009.

Servaas Feiertag, Guide to Legal Research in Mali, GlobaLex, http://www.nyulawglobal.com/globalex/Mali1.htm#_The_Judicial_Power, Jul., 2008.

None.