Osman Mozin, a first-degree lawyer, received his bachelor’s degree in law from Tehran University and then studied private law at Shahid Beheshti University for his master’s degree. He is currently practicing law in Tehran and Kurdistan and has been actively involved in cases related to children’s rights and minorities. He has taken on many cases of border couriers and merchants who have been physically injured or killed as a result of being pursued and shot by law enforcement officers.

We have asked Mr. Mazin questions regarding issues such as statistics of killed workers and how it is possible to follow up on such cases through judicial authorities…

Dear Mr. Mazin, how many kolbars on average suffer physical injuries annually in the region? Is there any accurate statistics on the number of killed kolbars in general?

Kolbars are killed for various reasons, including: shooting or pursuit by security forces, cold weather and getting trapped in snow and blizzards, encountering leftover mines from the war era, falling from valleys or difficult mountainous areas. Unfortunately, there is no accurate statistics on the number of kolbars killed by shooting or pursuit by security forces, but according to estimates, around one hundred kolbars die each year, although this number has decreased in recent years.

Which regions or villages include the most kolbars and what is the average age of kolbars?

Kolbars are mostly seen in the western regions of the country, especially in the cities of Piranshahr, Oshnavieh, Sardasht, Baneh, and Marivan, where cross-border trade and transactions are carried out through mules or on foot in difficult terrain. The age of kolbars is usually between 18 and 40 years old, but there have been some cases of older individuals as well.

What are the amounts and criteria for penalties in the form of cash or detention with couriers?

The accusation of affiliation with smugglers in transporting illegal goods or crossing the border is a charge that results in imprisonment and payment of fines for the carriers; in addition, their goods are also confiscated. The amount of the fine is determined by the court based on the type of goods, ranging from two to seven times the value of the confiscated goods, as stated in the 2013/10/3 law against smuggling of goods and currency.

What are the main reasons that kolbars are usually harmed? Is it possible for the judicial authorities to pursue a case when a kolbar is injured or killed by security forces shooting at them?

The most common cause of death or disability among border porters is shootings by law enforcement officers. In case of an incident, the injured person or their family can pursue the matter in a civilian or military court. After filing a complaint, an investigation is conducted and referred to the law enforcement officer who is responsible for the incident. This is clearly a violation of impartiality, as the officer in question is also the accused and will likely manipulate the investigation in their favor. Furthermore, a panel is formed within the law enforcement agency, whose majority opinions are often biased and in defense of the accused officers. According to the Arms Deployment Law, law enforcement officers are not allowed to use weapons against civilians or in self-defense, and there are ten specific cases where the use of weapons is permitted, none of which include using weapons against border porters. In some cases, the argument is made that the victim was committing a crime, and the case is dismissed, even though even in the case of smuggling, the

In some cases where I was wronged, there have been a few instances where compensation has been obtained from the police force and from the insurance of the police officers; at the time of payment, the police force intended to not pay a portion of it, but with numerous follow-ups, I have been successful in obtaining the full compensation that was rightfully mine.

Are lawyers generally willing to work on such cases?

Yes, lawyers, especially local lawyers, are following up on these cases, and their efforts and actions in upholding the rights of their clients deserve recognition.

What happens to a family whose head of household has lost their way?

Support organizations do not provide any support to kolbars or their families. This is because kolbars do not have any insurance coverage and therefore their families do not receive any compensation in case of their death. Additionally, this profession is not considered acceptable or legally protected, and is seen as a forbidden job. The only hope for the surviving family members is the possibility of receiving blood money in the future from law enforcement or a guilty party, as there is no hope for support or monthly compensation.

Recently, following a conference held in Sanandaj to commemorate Lawyer’s Week, the prosecutor’s office has announced charges based on the statements made by the speakers. What is your opinion on this matter and as a lawyer, what do you believe is the reason for such strict actions?

Unfortunately, discussing the issue of Kolbars or victims of landmines is considered a taboo topic and the media and press do not take any action to publish news about them. So far, no permission has been granted to hold a conference to address the problems of Kolbars, border traders, and victims of landmines in the region. Even news of the death or injury of Kolbars is not reported in official media outlets. In this regard, Mr. Asgharzadeh, one of the reformist political activists who has focused on the issue of citizenship rights in the city of Sanandaj, has spoken about the tangible problem of the massacre of Kolbars in the western border regions of the country and has demanded the prosecution of the guilty and responsible parties. However, instead of pursuing the perpetrators, judicial and law enforcement authorities are trying to deny the issue. While the existence of multiple cases related to citizens’ complaints against law enforcement officers is evidence of the seriousness of the issue,

Thank you for giving us your time…