Kernrechtsfrage
Whether the request for immediate release and exclusion of bail was admissible in public law appeal
Extrahierter Entscheid
The request for immediate release was admissible because the ordinary cassatory effect does not suffice where continued detention is allegedly unconstitutional; the request for remittal was not admissible.
Extrahierte Begründung
A positive measure may be ordered exceptionally when mere annulment would not restore constitutional compliance.