Facts
The appellant [A.] was convicted by the Regional Prosecutor's Office of Bern-Mittelland for threat, coercion, defamation and repeated acts of violence. He appealed against the first-instance judgment. In the appeal proceedings, he claimed that he was rejecting the court, as the Prosecutor's Office had not been present at the main hearing. The High Court of the Canton of Bern dismissed the motion for disqualification against the Senior Judges Schmid, Bratschi-Rindlisbacher and Aebi. [A.] appealed against this decision to the FSCA.Considerations
The FSCA dismissed the appeal. It stated that the composition of the panel at the FSCA is regulated in a manner that is in conformity with the Constitution and the Convention. The appellant's criticism of the composition of the panel was unfounded.
Furthermore, the FSCA found that the case law of the European Court of Human Rights (ECHR) does not generally give rise to an appearance of bias of the court if the Prosecutor's Office is not present at the main hearing. Rather, it depends on the circumstances of the individual case. In the present case, there was no appearance of bias, as…