Complaint about inaction
On 13.01.2025 I filed a complaint under §198 GVG about judicial inaction. I referred to the applications of 10.12.2024, 11.12.2024 and 17.12.2024 that had not yet been decided, and asked for my lawyer to be discharged from his duties as defence counsel and for access to the case file. (Anlage 10_F2 / proof of postal delivery)
Commentary — Dmitry Bagrash’s assessment
Postal delivery took place on 14.01.2025. I received no acknowledgement of receipt under §37 StPO (Anlage 10_F2 Zustellung)
Dimitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To Landgericht Berlin (Berlin Regional Court), Turmstraße 91, 10559 Berlin. Berlin, 13.01.2025.
Subject: Complaint about judicial inaction under § 198 GVG — application for a court decision of 17.12.2024, application for access to the case file of 10.12.2024 and supplement of 11.12.2024.
Dear Sir or Madam, I hereby lodge a complaint about judicial inaction in connection with my application for a court decision of 17.12.2024, which has remained unanswered to this day. On 17.12.2024, 10.12.2024 and 11.10.2024 I submitted applications for a court decision to Landgericht Berlin.
This application covers: 1. Discharge of my current lawyer, Mr Bernd Römer, from his duties as defence counsel because of a breach of trust caused by months without communication. 2. Access to the case file in my appeal on points of law (Revision).
To date — now more than three weeks since the application was submitted — no decision has been issued, nor have I received any explanation for the delay or acknowledgement of receipt.
Legal assessment
1. Violation of the right to proceedings of a reasonable duration: Under Art. 6 Abs. 1 EMRK and Art. 20 Abs. 3 GG, I have the right to a decision on my application within a reasonable time. Under § 198 Abs. 1 GVG, there is an entitlement to compensation for excessively lengthy proceedings.
2. Breach of the duty to advance the proceedings (§ 120 GVG): See BVerfG (Federal Constitutional Court), order of 03.06.2010, case reference 1 BvR 2736/08.
3. Standards from case law: BGH (Federal Court of Justice), order of 10.10.2012, case reference IV ZB 6/11 (delays of more than six weeks as problematic); VG Karlsruhe (Karlsruhe Administrative Court), order of 15.07.2009, case reference 9 K 932/09.
4. Effective judicial protection (BVerfG): BVerfG, order of 24.03.2004, case reference 1 BvR 2652/03.
Requests
1. An immediate decision on my application of 17.12.2024. 2. An explanation for the delay. 3. Setting a deadline: if the court does not decide within seven days, I will lodge a complaint under administrative supervision (Dienstaufsichtsbeschwerde) and reserve the right to bring a compensation claim under § 198 Abs. 1 GVG.
Yours sincerely, Dmitry Bagrash
Source of the document
Anlage 10_F2 (complaint about judicial inaction of 13.01.2025): Anlage 10_F2.pdf; proof of delivery: Anlage_10_F2_Zustellung.pdf; supplementary material: Zur Anlage 10_F2.pdf