Written by: Zana Seidzade
Translated by: Roman mireki
Osman Esmaili, the activist painter labor from Saqqez who spent two and a half decades of his life in exile and spent many years in prison, what is his latest situation in prison?
Every year on may 1st, March 8th and other occasions, Osman Esmaili’s voice and his cry for justice and equality echoed in Saqqez and kurdistan as a symbol of the labor movement. An outcry that is not only due to anger and courage, but also due to a firm determination to uphold and fight for the rights of a class. He shouted for freedom, whether on the street or in prison. This article is a short story of a Saqqez painter labor who has resisted oppression from the 1960s until today and paid a heavy price with being imprisoned and exiled.
25 years of living in exile
In 1986, Osman Esmaili was sentenced to 25 years of exile in the city of krman during the suppression of the opponents of the islamic republic regime. Even during this period, When he was forced to leave his country, he did not give up and went on living an honorable life by continuing his struggle as a labor activist. His political and ideological goals were always clear. “Defense of the working class and equal rights for all people”; not a word more and not a word less. Far from his hometown and living in the city of Kerman was perhaps only part of the challenges he faced in this struggle. Later, when he returned to Saqqez after the end of his exile sentence, he was under arrest by the security agencies.
The first of “may” in Saqqez
The first of may in Saqqez has always been one of the important occasions for the working class in this city, governmental and independent non-governmental institutions, honor this day. One of the people who always honors this day is Osman Esmaili; a person whose speeches are the strength of the hearts of the Saqqez workers and the cause to inflict fear on iran’s regime.
On May 11th 2017, Esmaili was arrested during one of these ceremonies. One of his close friends, Says that “We were close friends with Osman Esmaili in the quarantine ward of Saqqez central prison. He helped the prisoners who were imprisoned for the first time or who had problems, to make the sufferings of the prison more bearable for them. He defended their rights and everyone loved him. In the same year, He was also cared about teachers in prison, and on the occasion of teacher’s day in iran, He published a message from Saqqez prison in this regard.
On May 10th 2022, On the verge of May 1st, Osman Esmaili was arrested by the agents of the ministry of intelligence, after searching his house, and then he was released from prison on bail. His arrests are not limited to these two times only, because in the years 2013, 2015, 2017, 2021, 2022 and 2023 for various reasons the agents of the regime have arrested him and sometimes imprisoned him for a long time. But this has never stopped him from his struggle.
Esmaili’s presence at the international labor day ceremony in Saqqez, despite immense pressure and many restrictions of the security institutions, shows his deep belief in the ideals of the working class.
Speech at the funeral of Jina (Mahsa) Amini
One of the memorable moments and at the same time the saddest ones in Saqqez is the large attendance of the people of this city and many cities of Kurdistan and iran in the funeral ceremony of Jina (Mahsa) amini in aichi cemetery; where the slogan woman, life, freedom – became the slogan of a huge uprising throughout iran.
One of the speakers at the funeral of Jina (Mahsa) Amini, whose name became a symbol, was Osman Esmaili, who gave a strong speech about the equality of men and women and human freedom. His short words in that crowd of both mourners and fellow strugglers caused him to be arrested again and a court case was filed against him; an event that has repeated many times in the seven decades of this painter labor’s life.
Esmaili was arrested on February 2022 by the government forces without a court order and was transferred to one of the security detention centers in Sanandaj city for interrogation. Then, in May 2023, He was temporarily released from saqez prison with a bail of one billion rials until the end of the court proceedings.
The last arrest and accusation of membership in opposition parties
On Sunday, June 28th 2023, the court hearing of Osman Esmaili’s accusations was held in Saqqez court with the presence of three judges and his lawyer. In this court session, Esmaili defended himself against the accusations of “membership in opposition parties and propaganda against the regime” and denied all the accusations against him.
He was investigated and tried in the same court for class struggle. The answer of the painter labor was clear; defending the movement and the working class and protesting any injustices. In November 2023, The 16-month prison sentence of Osman Esmaili, which was issued by the revolutionary court of Saqqez, Was confirmed in the supreme court and he was transferred to prison on November 22nd 2023.
Previously, by the first branch of the islamic revolution court of Saqqez, headed by judge mustafaei. Osman Esmaili was sentenced to 31 months and 15 days in prison for the charge of “membership in Komala” and for the charge of “propagandizing against the regime through participation and speaking” at the funeral ceremony of Jina Amini, He was sentenced to 7 months and 15 days of imprisonment.
Finally, this sentence was based on “the existence of mitigating circumstances contained in article 38 of the islamic penal code approved in 2013”, including the age of the accused and marital status, And article 6 of the law on reducing the punishment of imprisonment approved in 2019, Which refers to article 37 of the islamic penal code. Approved in 2013, the prison sentence was reduced to 16 months.
In defense of the continuous struggle of the painter worker
In the past years, whenever Osman was out of prison or even when he was imprisoned, he took effective steps such as defending the imprisoned workers, opposing the execution and standing in solidarity with his fellow comrades in iran. Videos of him have been published on social networks, Standing alone in a square in Saqqez and talking to people in kurdish about the necessity of labor and class struggle. As well as pictures of the celebration of the international labor day in recent years, which he and mahmoud salehi were regular participants. Now that he has been imprisoned, a group of his comrades have formed a committee to follow up on his condition and want his release or at least his right to access treatment. Yadullah samadi, The spokesperson of the committee for the defense of Osman Esmaili, says:
‘’The formation of Esmaili’s defense committee goes back to the issuance of the supreme court’s decision confirming his sentence of one year and four months on the 8th of november of previous year, Which was formed at the suggestion of himself, his family, and with the collective efforts of labor activists, Especially mahmoud salehi. The members of committee introduced me as the speaker and the committee officially started its activities on November 28 with the publication of statement number one’’.
Osman Esmaili has always clearly taken a position against prison, torture and execution in all the past years; Other members of his defense committee are also familiar names in the labor struggle. The spokesperson of the defense committee of Osman Esmaili says:
‘’This committee is particularly focused on the general situation of esmaili in prison, but one of the goals of the formation of the defense committee is to prevent the prisoner from severing his relationship with society and the events that take place in it’’.
What is the latest state of health of Osman Esmaili?
Osman Esmaili is sick. His defense committee recently warned about his physical health. The media and human rights organizations monitoring the situation in Kurdistan have also said that his physical health in prison is in danger and the prison authorities are preventing the access of the worker painter to treatment.
Regarding Esmaili’s health condition in prison, Yadullah samadi says:
“His health condition is quite alarming considering many illnesses he is suffering from and according to the confirmation of doctors in Saqqez forensic medicine on January 3rd of this year, he needs urgent operation and treatment for his hernia disease, But the security and judicial officials refused to perform the urgent order of the doctors; so, on December 11, he was transferred to evin prison for treatment, But evin prison authorities refused to accept Esmaili due to a typographical error in the Saqqez prosecutor’s letter”.
According to Samadi, after returning Esmaili to Saqqez central prison, The city’s judicial authorities said, “They will transfer him to sanandaj as soon as possible for surgery.” But this did not happen and due to the postponing of the time promised by the judicial officials, The concerns have also increased about this matter.
The Esmaili family was informed through continuous follow-up that the security and judicial institutions of kurdistan deliberately delay the treatment process of this prisoner every time with an excuse. The spokesperson of the defense committee of Osman Esmaili while confirming this issue says:
“In one of the last visits, The judge of the second branch of Saqqez for execution told the family that their case is in Sanandaj forensic medicine and we are waiting for the final order for their result. However, we soon learned that the Saqqez forensic medicine sent Esmaili’s medical file to sanandaj on December 24th, And the forensic medicine there, while confirming his serious condition, returned the letter to Saqqez on December 26th. That is, The relevant authorities in Saqqez hid this letter from Esmaili and his family for about a month”.
In the prison, following the follow-up of Osman Esmaili’s family and the statement of his defense committee, Osman Esmaili was finally transferred to sanandaj prison in the last days of february to be under medical care. The spokesperson of his defense committee says:
“After conducting preliminary tests at sanandaj forensic medicine, he was transferred to the quarantine ward of sanandaj prison, and prison officials told Esmaili that he should pay for the cost of his tests and treatment, and since Esmaili was temporarily admitted to sanandaj prison, which makes it impossible to open a bank account for him while he is in prison, and it is also impossible to deposit the required amount through cash or another bank card to start the treatment process”.
The spokesman of the defense committee of Osman Esmaili considers this act of the security and judicial institutions as a clear example of torture and harassment of this prisoner.
He is now enduring the suffering of prison and illness together and is deprived of access to the right to treatment because the prison organizations is not willing to cover the cost of his treatment and is obstructing the way of providing and paying for the cost of treatment out of their pocket.
