Facts
The Federal Court had to rule on an appeal by [A.] and [B.] against the decision of the High Court of the Canton of Bern, Appeal Chamber in Criminal Matters, of 10 January 2020. The appellants had requested the recusal of Markus Gross and Verena Begert, two judges of the Regional Court of Berner Jura-Seeland, as they had already participated in an abbreviated procedure against [C.] , which concerned the abduction and removal of a minor. The appellants were also accused of qualified abduction and removal of a minor and feared that the participation of the two judges in the procedure against [C.] would create the appearance of bias.
The appellants complained of a violation of Art. 30 para. 1 Cst., Art. 6 para. 1 ECHR and Art. 56 lit. b and f CrimPC. They argued that the respondents were prejudiced due to their participation in the procedure against [C.] and that the appearance of bias existed.
Considerations
The Federal Court examined the admissibility of the appeal and found that the appeal was admissible in criminal matters, as no cantonal remedy was available against the contested decision. The appellants were entitled to appeal, as they were personally affected by the contested decision.
The Federal Court dismissed the appeal, as it could not find any indications of bias on the part of the respondents. It found that the participation of the respondents in the procedure against [C.] did not create the appearance of bias, as they had not acted in a different capacity in that procedure, but in the same capacity, namely as judges of the Regional Court. The Federal Court relied on its case law,…