Kernrechtsfrage
Whether the constitutional complaint could seek immediate release in addition to annulment of the detention order
Extrahierter Entscheid
Immediate release was admissible because mere annulment would not itself restore the constitutionally required situation in an unlawful detention case.
Extrahierte Begründung
In detention cases, the complaint is not purely cassatory; a positive release order is needed to end the liberty deprivation if the detention is unjustified.