Dismissal of requests for recusal of members of the Court of Appeal in a criminal case

Facts

The Federal Court had to deal with two complaints in criminal matters filed by the complainants [A.] and [B.] . The subject of the complaints was the dismissal of their requests for recusal against the members of the Court of Appeal of the Basel-Landschaft Cantonal Court by the lower court. The complainants were accused of professional fraud and had requested the recusal of the members of the Court of Appeal, as they believed that they had been improperly preoccupied.

The lower court had dismissed the requests for recusal and the complainants had filed a complaint with the Federal Court. The Federal Court combined the two proceedings and dismissed the complaints.

The complainants had argued that the members of the Court of Appeal had been improperly preoccupied, as they had already been involved in the first appeal proceedings with the same matter. They argued that this created the appearance of bias and prejudice and that the proceedings no longer appeared to be open.

However, the Federal Court found that the members of the Court of Appeal had not been improperly preoccupied. It established that the lower court, in a different composition, had been competent to decide on the requests for recusal, and that the complainants had not demonstrated that the members of the Court of Appeal had already taken a position regarding the specific facts and the specific legal issues to be decided, such that the proceedings no longer appeared to be open.

Considerations

The Federal Court justified its decision by stating that the members of the Court of Appeal had not been improperly preoccupied. It established that the lower court, in a different composition, had been competent to decide on the requests for recusal, and that the complainants had not demonstrated that the members of the Court of Appeal had already taken a position regarding the specific facts and the specific legal issues to be decided, such that the proceedings no longer appeared to be open.

The Federal Court further found that the complainants had not proven that the members of the Court of Appeal had been influenced by Vice-President Markus Mattle. It established that the Vice-President did not have to recuse himself due to his behavior or a potentially pre-judicial statement in connection with the present proceedings.

The Federal Court also…