GÄFGEN v. GERMANY JUDGMENT 39 2. The parties’ submissions (a) The Government 137. The Government objected before the Grand Chamber that the applicant had failed to exhaust domestic remedies for the same reasons as those they had relied on in the proceedings before the Chamber. They submitted, firstly, as regards the applicant’s claim that his criminal trial had been unfair as it should have been discontinued on account of the threats against him, that the Federal Constitutional Court had declared his constitutional complaint inadmissible for failure to provide sufficient substantiation. It had been up to the applicant to explain why constitutional law did not only require the exclusion of the statements made during the questioning by the police, but also the discontinuation of the proceedings. 138. Secondly, the applicant had not exhausted domestic remedies in so far as he complained about the refusal to exclude the admission of certain items of evidence in the proceedings. As confirmed by the Federal Constitutional Court, he had failed to substantiate in detail in the proceedings before the Federal Court of Justice, as required by the applicable rules on procedure, that he was also challenging the use of the evidence found in Birstein, which was a completely different claim compared to his application to discontinue the proceedings. In particular, the applicant had not corrected the Federal Public Prosecutor’s statement of 9 March 2004 which contained the latter’s evaluation of the scope of the appeal on points of law to the effect that the applicant had not alleged a violation of Article 136a § 3 of the Code of Criminal Procedure. (b) The applicant 139. The applicant contested this view and argued that he had exhausted domestic remedies. In his appeal before the Federal Court of Justice, he had lodged the broadest possible application, aimed at discontinuing the criminal proceedings because of the manner in which evidence had been obtained. His broad appeal had included the narrower application regarding the inadmissibility of the real evidence obtained as a result of the confession extracted from him. In lodging his appeal, he had included full copies of his preliminary applications of 9 April 2003. His appeal on points of law had been dismissed without the Federal Court of Justice furnishing any reasons. 140. The applicant further stressed that in his subsequent complaint to the Federal Constitutional Court, he had substantiated his claim fully, explaining in detail and with reference to leading decisions of that court how the failure to discontinue the proceedings and to exclude the impugned items of evidence had breached his rights under Articles 1 and 104 of the Basic Law.