Facts
The appellant [A.] was sentenced by the Appellationsgericht Basel-Stadt to an unconditional prison sentence of 12 months for affray. Against this judgment, [A.] filed a complaint with the Federal Court and requested that the judgment be overturned, that he be acquitted of the charge of affray, and that he be compensated for the detention he had suffered.
The Public Prosecutor's Office of the canton of Basel-Stadt had sentenced the appellant to an unconditional prison sentence of 12 months for affray on 6 September 2017. The appellant and the Public Prosecutor's Office had appealed against this judgment.
The Appellationsgericht Basel-Stadt confirmed the conviction for affray and imposed an unconditional prison sentence of 12 months. The appellant filed a complaint in criminal matters with the Federal Court and argued that his right to question incriminating witnesses had been violated.
Considerations
The Federal Court examined the appellant's complaint that his right to question incriminating witnesses had been violated. The lower court had used the statements of witness [C.] , although the appellant and his defense counsel had not been able to ask supplementary questions.
The Federal Court stated that the accused has a right under Art. 6 para. 3 lit. d ECHR to question incriminating witnesses. This claim is a special aspect of the right to a fair trial under Art. 6 para. 1 ECHR. An incriminating witness statement is generally only admissible if the accused had at least once during the proceedings a suitable and sufficient opportunity to challenge the testimony and ask questions to the incriminating witness.
The Federal Court concluded that the statements of witness [C.] could not be used to the detriment of the appellant, as his right to confrontation with the incriminating…