Iranian pastor Yousef Nadarkhani has twice refused to recant his Christian faith during two court hearings held in Rasht, Gilan Province on September 25 to 26.
Sources close to Christian Solidarity Worldwide (CSW) indicate that recanting will again be demanded at sessions scheduled for September 27-28, and that if he continues to refuse, he will be executed thereafter.
CSW explained that Pastor Nadarkhani was tried and found guilty of apostasy in September 2010 by the court of appeals in Rasht. The verdict was delivered verbally in court, while written confirmation of the death sentence was received nearly two months later.
At the appeal in June 2011, the Supreme Court of Iran upheld Pastor Youcef Nadarkhani's sentence, but asked the court in Rasht, which issued the initial sentence, to re-examine whether or not he had been a practicing Muslim adult prior to converting to Christianity.
CSW says the written verdict of the Supreme Court's decision included provision for annulment of the death sentence if Pastor Nadarkhani recanted his faith.
Following investigation, the court in Rasht has ruled that Pastor Nadarkhani was not a practicing Muslim adult before becoming a Christian. However, the court has decided that he remains guilty of apostasy because he has Muslim ancestry.
CSW said Pastor Nadarkhani's lawyer, Mr Mohammed Ali Dadkhah, has made it clear to the court that the repeated demand for recanting is against both Iranian law and the constitution. The court replied that the verdict of the Supreme Court must be applied, regardless of the illegality of the demand.
CSW stated the death sentence for apostasy is not codified in the Iranian Penal Code. However, using a loophole in Iran's constitution, the judges in Rasht based their original verdict on fatwas by Ayatollahs Khomeini, the "father" of Iran's revolution in 1979, Khamenei, the Supreme Leader of Iran, and of Makarem Shirazi, currently the most influential religious leader in Iran.
According to CSW, Pastor Nadarkhani, of the Church of Iran denomination, was arrested in his home city of Rasht on October 13, 2009 while attempting to register his church. His arrest is believed to have been due to his questioning of the Muslim monopoly on the religious instruction of children in Iran.
Nadarkhani was initially charged with protesting; however the charges against him were later changed to apostasy and evangelising Muslims. His lawyer, Mr Mohammed Ali Dadkhah, a prominent Iranian human rights defender, is also facing legal difficulties.
On Sunday 3 July a court in Tehran sentenced Mr Dadkhah to nine years in jail and a 10-year ban on practicing law or teaching at university for "actions and propaganda against the Islamic regime." He is currently appealing the sentence.
CSW's Special Ambassador Stuart Windsor said, "CSW is calling on key members of the international community to urgently raise Pastor Nadarkhani's case with the Iranian authorities. His life depends on it, and we have grave concerns regarding due process in this case, and also in that of his lawyer, Mr Dadkhah.
