Kernrechtsfrage
Whether the public law appeal request for immediate release was admissible despite the cassatory nature of the remedy.
Extrahierter Entscheid
Immediate release could be ordered exceptionally because, if detention was unjustified, a merely annulatory judgment would not restore the constitutional situation.
Extrahierte Begründung
A positive measure is permitted where the constitutional violation concerns unlawful preventive detention and simple annulment would be insufficient.