Key legal question
Whether the cantonal court could deem the appeal withdrawn because the appellant did not personally appear, although counsel attended and wished to plead.
Extracted holding
No. The appellant's unexcused absence did not justify treating the appeal as withdrawn when his lawyer was present and ready to argue; this violated the right to appeal and to an effective defense.
Extracted reasoning
The Federal Supreme Court held that under constitutional and Convention guarantees, unexcused absence may entail procedural consequences, but not the extinction of the appeal where counsel appears. Only a total failure of appearance by both appellant and counsel could justify such a result.