Kernrechtsfrage
Whether the constitutional complaint could also request immediate release from detention, not only annulment of the challenged order
Extrahierter Entscheid
Yes. In unlawful criminal detention cases, release may be ordered positively because mere annulment would not restore the constitutionally required situation.
Extrahierte Begründung
The court held that, exceptionally, the cassatory nature of the complaint does not preclude a release request where a positive order is needed to end unjustified detention.