Question juridique clé
Whether the constitutional complaint was admissible for alleged violations of access to the file, Article 6 ECHR, Article 14 ICCPR, and Article 9 BV despite failure to exhaust cantonal remedies.
Solution extraite
These complaints were inadmissible because the alleged unlawfulness had to be challenged first before the Anklagekammer under cantonal law; constitutional and Convention claims were included in that route.
Motifs extraits
The court applied the requirement of exhaustion of the cantonal instance hierarchy and followed its earlier case law that the concept of unlawfulness under § 213(3) StPO-TG is broad enough to cover constitutional and Convention violations.