Armed robbery has truly become a nightmare for the people of Bamako. To fight it back, they rely on the so called Article 320. It consists in burning alive any thief caught in the act.
Article 320 is not part of the Malian penal code. In fact, this is an article fully made up by the population itself in the 90ies. It refers to the price of gasoline (300 CFA) and that of matches (20 CFA) at the time.
The procedure is quite straightforward. « They beat them up, then, they drench them in gasoline before alighting it. » explains Ousmane Traoré, a delivery man.
Scenes such as Ousmane describe have become common in Bamako, since end 2013. « We intervene about five to six times a month on such cases» confirms Lieutenant Faguemba Keita, Regional Director for Civil Protection in Bamako.
The judiciary as well as security systems are both threatened by the rise of that phenomenon. There is a breach of trust between population and those supposed to protect them. « If you bring a thief to the police, the next day, you’ll see him roaming free in the street. Judges don’t do their work, police even less. They are all corrupt », said Ousmane Traoré.
A police source, who requested anonymity, admits the accusation: « Police officers are not doing their work properly because they have no incentive to do so. Their bosses prevent them from taking any initiative while they themselves are not taking any. This is the reason why the population feels unprotected. » he said.
While Ousmane Traoré claims « I like this practice», for others, the act is nothing less than barbarous: « This makes me mad. We cannot take justice in our own hands in a country where there is justice. » contests Souleymane Koné, shop keeper.
Whether one supports or condemns the practice, the law is clear. The penal code reads, in its article 199 that, « No one can endanger the life of safety of someone else ». The adepts of that system of popular justice are « in fact no less than criminals and will be judged as such » said Mr. MAIGA Mahamane Agaly, Judge at the district court VI in Bamako. They risk « 10 year jail sentence or life imprisonment » he specifies.
Mali signed up to several international agreements on human rights. Would it be more clever to fight for the implementation of these texts, rather than fall into the trap of a society where the law of the strongest rules?