Questão jurídica principal
Whether the participation of Jean-Claude Mermoud required recusal for apparent bias
Decisão extraída
No objective circumstances established a risk of bias; the mere fact that the applicant had filed a criminal complaint against him in another matter was insufficient.
Fundamentação extraída
Art. 29(1) Cst. requires objective circumstances creating an appearance of partiality. A complaint filed by the applicant may show his hostility, but not a reasonable suspicion of malicious intent by the magistrate.