Questione giuridica chiave
Whether the cantonal cassation court violated the right to a double instance / access to appeal by declaring the cantonal appeal inadmissible
Decisione estratta
The inadmissibility of the cantonal cassation appeal did not violate the Convention or Constitution, because the appellant was heard by a second instance and the applicable procedural rules may require adequate motivation.
Motivazione estratta
The Court held that Art. 2 Prot. No. 7 ECHR and Art. 14(5) ICCPR do not guarantee unrestricted review of facts and law; states may define appeal conditions. The appellant failed to engage with the cantonal reasoning and did not show arbitrary application of Ticino procedural law.