Handled by: the 11th Chamber of The Assize Court of the province of Gilan
The accused: Mr Yousef Nadarkhani, currently in general prison, the accused’s attorneys are Mr Abbas Salmanpoor and Dr Naser Sarbazi
According to the indictment No: 89/4/3-2080, issued by the public persecutor office of Rasht, Mr Yousef Nadarkhani, son of Biram, 32 years old and married, temporary in general prison since October 19, 2009, charged with the denial of the prophethood of the great prophet of Islam, that It has resulted in inherent apostasy from the holy religion of Islam after he has accepted it at the age of maturity until the age of 19. The brief definition of what has taken place is that the mentioned-above person was born in 1977 from Muslim parents and according to his own statements in primary investigations, he has accepted Islam and obeyed its commandments from the age of puberty, and at the age of 19 he has converted from Islam to Christianity officially. He has frequently denied the prophethood of the great prophet of Islam and the rule of the sacred religion of Islam. And he has proven his apostasy by organizing evangelistic meetings and inviting others to Christianity, establishing a house church, baptizing people, expressing his faith to others and, denying Islamic values. After his arrest, during investigations, most of the time he has proven his return from Islam and denying the rule of Islam over all the religions in his own handwritten bills to The Assize Court of the province of Gilan. Even in his last defense on the date of March 14, 2010, when he was asked, “from the age of puberty until the age of 19, what religion have you had?” He replied that ” Since I was born in a Muslim family, I was Muslim until I converted to Christianity at the age of 19. In the other persecutor’s question with this content that ” do you admit that you have been Muslim from the age of puberty and you have converted to Christianity after passing the age of 19?” He replied he had been Muslim from the age of puberty till he converted to Christianity in 19 years of age. He was questioned once again that ” do you beleive in the elements of Islam which are the unity of God, resurrection of the dead and the prophethood of great Mohammad?” He answered “I believe in the unity of God and the resurrection of the dead but not the prophethood of great Mohammad.” After the issuance of culpability and indictment, the case has been sent to the courts that refered it to this section. Dr. Naser Sarbazi and Mr. Abbas Salmanpoor have been appointed as the accused’s attorneys, the court proceeded with the case after the formalities were carried out. The representative of the public persecutor office of Rasht read the issued indictment, and according to it, apostasy is a crime according to theologians of Islam and there is a punishment for it in the laws of Islamic Republic of Iran. With regard to the Article 167 of The Constitution of the Islamic Republic of Iran, Article 3 of Civil procedure of the Islamic Revolutionary Tribunal, and the Article 105 of the Islamic Judicial system of Iran. After the court caused him to understand the charge, he initially declined the charge by saying he had not had any particular religion after passing the puberty age till the age of 19, and converted to Christianity officially by believing that it is the only truth. When he was asked by the court that why he has repeatedly stated during interrogations that ” Since I was born in a Muslim family, I have been Muslim after passing the puberty age until I converted from Islam to Christianity at the age of 19″. He answered ” The persecutor induced me to believe whoever is born from Muslim parents and does not choose any religions after passing the puberty age, is a Muslim. That is why I have stated so.” The accused’s attorneys in addition to repeating their client’s defense, stated that, “Since there is no punishment specified in the Islamic Judicial system of Iran and other penal laws and therefore their client has not committed a crime to deserve a punishment. Secondly: Their client has not accepted Islam from the beggining of the puberty age to become an apostate by returning from it. Thirdly: Their client does not deny the prophethood of the great prophet of Islam as he has stated in his bills to The Assize Court of the province of Gilan that, he believes in great Mohammad as the great prophet of Islam. Fourthly: due to existance of not proven evidence regarding this case, the attorneys have requested a not guilty verdict for their client. in response to the court, that whether the accused believes in the prophethood of great Mohammad son of Abdullah as a phrophet from almighty God for the salvation of humanity or not, he said, ” I have stated in the written bills that he is the prophet of Muslims but not a messenger from God, I am saved for not studying Islam, and I will never speak of Islamic testimonies to convert to Islam. After hearing of the indictment that was read by the public persecutor, the accused denied his apostasy charge in his last defense, and committed the remaining defense to his attorneys’ hands. The attorneys have pleaded a not guilty verdict for their client by repeating the same previous defense. objections have affected on the trial somehow one member of the jury left during the trial. even though some jury members, in the first day September 21, 2010 and second day September 22, 2010 of the trial, specified that the court has not accepted the objections after the termination of the trial, and answers to the objections have been written. As a result, with regard to 1- The reports of the intelligence bureau of Gilan as the executive office of the Judicial system. 2- The accused’s explicit and indisputable writings with the content that he has accepted Islam at the age of maturity, and quitted it at the age of 19. 3- organizing evangelistic gatherings and admitting to the establishments of house churches. 4- the accused’s unreasonable and not proven defense, that he has not entered Islam to quit it. 5- his written bills from prison to the investigator in charge of the case that confirm his statements in the intelligence bureau. 6- and other elements that exist in the case such as attorney’s unreasonable defense that their client’s denial of prophethood of the great prophet of Islam has not been due to enmity and malice with Islam but because of the anger and pressure he has been bearing. It has been proven to the members of the jury that Mr Youcef Nadarkhani, son of Biram, has been born from Muslim parents, have chosen Islam, and quitted it at the age 19. His actions according to the fatwas of all Shia theologians are considered as inherent apostasy from the sacred religion of Islam. With regard to the Article 167 of The Constitution of the Islamic Republic of Iran, Article 3 of Civil procedure of the Islamic Revolutionary Court, Article 8 of The law of Establishment of the General and Revolutionary Courts, Article 105 of the Islamic Judicial system of Iran, Article 8 from the book of Tahrir Alvasilah Fi Sofat Alghazi Va Maianaseb Lah, Fatwas of theologians including Imam and the supreme leader and grand ayatollahs Mohammad Reza Golpayegani, Safi, Makarem Shirazi, Behjat Foumani, and pages of 103 till 109 of his file, the above-mentioned person as an apostate will be executed by hanging somehow his soul is taken from him. the sentence is attendant and appealable at the supreme court 20 days after when It has been delivered.