Questão jurídica principal
Whether the constitutional complaint was admissible despite failure to appeal to the cantonal Anklagekammer.
Decisão extraída
No. The appellant had not exhausted the available cantonal remedy before the Anklagekammer, so the Federal Court could not hear the complaint.
Fundamentação extraída
Under Art. 86 Abs. 1 OG, the constitutional complaint lies only against final cantonal decisions. Because Thurgau law allowed a further complaint to the Anklagekammer against the Staatsanwaltschaft's decision, and the appellant did not use it, the cantonal instance chain was incomplete. Constitutional grievances had to be raised first in that remedy.