Facts
The appellant [A.] was sentenced by the Appellationsgericht of the Canton of Basel-Stadt to a partially suspended prison sentence of three years for multiple rape, sexual coercion, and other offenses. The appellant had previously filed an appeal in criminal matters, which was partially admitted by the Federal Court and remanded to the lower court for a new decision.
The appellant complained in his current appeal, inter alia, of a violation of his right to an impartial, unbiased, and unprejudiced court, a violation of his right to present evidence, and his right to confront witnesses, as well as a violation of the presumption of innocence.
Considerations
The Federal Court entertained the appeal and examined the appellant's complaints. It found that the lower court had not violated the appellant's right to an impartial, unbiased, and unprejudiced court, as there were no circumstances that would give rise to the appearance of bias and prejudice.
However, the Federal Court found that the lower court had violated the appellant's right to a fair hearing and his right to present evidence by rejecting his request for access to the experts' documentation. It found that the lower court had not put the appellant in a position to examine the credibility of the psychological expert opinion and to ask the expert corresponding questions.
The Federal Court also concluded that the lower court had violated the presumption of innocence by not correctly evaluating the…