Kernrechtsfrage
Whether the constitutional complaint could seek immediate release from detention.
Extrahierter Entscheid
Yes, to that extent the complaint was admissible because release from unjustified detention may require a positive order.
Extrahierte Begründung
As a rule the constitutional complaint is cassatory, but an exception applies where mere annulment would not restore the protected situation; this is the case for unjustified pretrial detention.