Kernrechtsfrage
Whether the federal complaint against the cantonal detention decision was admissible despite the lack of exhaustion of the cantonal remedy in juvenile proceedings.
Extrahierter Entscheid
The complaint was inadmissible because, in juvenile criminal proceedings, a cantonal remedy against detention decisions must first be used before an appeal to the Federal Supreme Court.
Extrahierte Begründung
Art. 41(1) JStG requires the cantons to provide a remedy against detention decisions in juvenile procedure; under Art. 80(1) BGG this remedy must be exhausted. Until cantonal procedural law is adapted, the competent cantonal instance must be designated by transitional rule or case-specific designation.