Question juridique clé
Whether the public complaint could seek immediate release despite the cassatory nature of public-law appeal
Solution extraite
Yes. Immediate release was admissible because annulling the challenged decision would not by itself restore a constitutional situation; a positive order was needed if detention was unjustified.
Motifs extraits
An exception to the cassatory effect applies when a positive measure is necessary, in particular where preventive detention is no longer justified.