Facts
The appellant [X.] was sentenced by the District Court of Sense to a prison term of 3 ½ years for rape, sexual coercion and other offenses. He appealed to the Criminal Court of Appeal of the Canton of Fribourg, which dismissed the appeal. The appellant then filed a complaint with the Federal Court.
The respondent 1, [A.] , had reported the appellant and his friends for sexual assaults. The appellant denies the allegations and claims that the lower court violated the principle of public proceedings and the right to be heard.
The lower court had ordered the exclusion of the public from the proceedings without informing the appellant or giving him the opportunity to comment. The appellant complains that the lower court failed to conduct a balancing of interests and that the personality rights of respondent 1 could also be protected by partial exclusion of the public.
Considerations
The Federal Court addresses the appellant's complaint that the lower court violated the principle of public proceedings. It finds that the lower court ordered the exclusion of the public without informing the appellant or giving him the opportunity to comment.
The Federal Court states that the principle of public proceedings is a fundamental principle that is not only important for the individual but also appears as a prerequisite for trust in the functioning of justice. It finds that the lower court failed to conduct a balancing of interests and that the personality rights of respondent 1 could also be protected by partial exclusion of the public.
The Federal Court also addresses the appellant's complaint that the…