The lawyer for the two Americans jailed in Iran on charges of espionage could be released after a court hearing slated for Sunday.

Iranian Attorney Masoud Shafiei, said because the session in the trial of Shane Bauer and Josh Fattal would coincide with the second anniversary of their arrest may indicate that they will be freed.

The Muslim world’s tradition of pardoning prisoners for the holy month of Ramadan, which starts early in the week coming.

The two men and Bauer’s fiancee. Sarah Shourd, were detained in 2009 on July 31, as Iran accused them of illegally crossing the border to spy. Shourd was released last year on $500,000 bail and has said she will not be returning to Iran for trial.

They deny the charges and claim they were only hiking in a scenic, mountainous area in the semi-autonomous Kurdish region of northern Iraq.

The lawyer said Shourd was not summoned for Sunday’s trial session, and he thinks that is another indication that the case is  near over and his clients will be freed.  Shafiei stated the court could convict the two, then sentence them to time served.

“They’ve spent two years of their life in jail in Iran, which will serve as their sentence. And tomorrow will coincide with the second year of their arrest should the court hearing be held tomorrow as planned, my clients could be released,” he said.

Shafiei persisted the authorities have no evidence to prove espionage, and he marked out the area where they were detained has a porous border.

“I’ve provided a sufficient defense, the espionage charge is extraneous, and the charge of illegal entry is inconsistent with the facts. There was no precise border line and my clients are not guilty,” he said.

Washington has been dependent on an interests section at the Swiss Embassy to follow the case, for the two countries have no direct diplomatic relations. The U.S. government has appealed for the two men to be released, insisting that they have done nothing wrong.

Speaking to reporters in Washington on Friday, U.S. State Department spokesman Mark Toner, said that two years after their arrest, the Americans’ case remains a point of serious concern.

He also stated uncertainty about whether the hearing would take place as scheduled on Sunday.

Toner said, “We’ve seen these kinds of announcements, dates set before, and the trials have not taken place.”   “We are in regular contact with the family, and regular contact with our Swiss protecting power there. And their situation remains a matter of utmost concern for the United States and we hope that it reaches a positive conclusion.”

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