Questione giuridica chiave
Whether the absence of a further cantonal remedy against the refusal of recusal violated the right to judicial review and Article 6 ECHR.
Decisione estratta
The cantonal non-entry was compatible with federal law and the transitional regime; before the new Swiss Criminal Procedure Code took effect, cantons could still exclude an appeal against such interlocutory decisions.
Motivazione estratta
Under Art. 130 BGG and the transitional rules, pre-2011 interlocutory criminal procedural decisions could still be governed by old cantonal law. The ECHR did not grant a broader right here because the decision concerned a procedural recusal issue, not a criminal charge or judgment.