Supplement to the complaint

Amtsgericht Tiergarten (Tiergarten Local Court) at JVA Moabit (Moabit Prison). Mr Dmitry Bagrash, register number: 2796/22/6, appeared and stated: Berlin, 21.01.2025.

Subject: Supplement to the complaint of 13.01.2025 about judicial inaction under § 198 GVG. An appealable court decision is requested again, and reference is also made to the letter of 16.01.2025 from VRiLG Groß.

Reasons

Regarding my application for a court decision of 13.01.2025 (complaint about inaction under § 198 GVG), I received a letter without a prescribed form on 16.01.2025. It contained only comments made without a prescribed form on my application for access to the case file and for the discharge of my previous court-appointed defence counsel, lawyer Römer. My entitlement to an appealable decision was not taken into account; such a decision is expressly requested again.

In the letter of 16.01.2025, VRiLG Groß also states that under § 147 Abs. 1 StPO I am not entitled to access to the case file because I already have court-appointed defence counsel. In this regard, I state that I have had no contact with my court-appointed defence counsel since September and therefore could not discuss with him any aspects of the content of the grounds for the appeal on points of law (Revision). There is thus a breach of trust and consequently a violation of my right to be heard. The court is also aware that I am already looking for a new lawyer with the help of the Jewish community. In practice, I am no longer represented by a lawyer at present.

I had already applied to Landgericht Berlin (Berlin Regional Court) for the discharge of lawyer Römer from his duties as defence counsel in applications dated 11.10.2024, 10.12.2024 and 17.12.2024, which have not yet been decided. The decision should therefore still have been made by the Regional Court, but VRiLG Groß did not make it.

It is expressly emphasised that the complaint is well-founded and admissible. I continue to maintain my applications for the discharge of my previous lawyer Römer from his duties as defence counsel and for access to the case file to be granted to me.

It is also pointed out that VRiLG Groß actively suppressed my right to written communication with a state-recognised religious community under public law. The activation of calls to the telephone number of the Jewish community in Berlin, which I had repeatedly requested (9 applications), took place only on 28.11.2024 at 16:00, and thus on the last day of the period for submitting grounds for the appeal on points of law. There is therefore a suspicion that VRiLG Groß is influencing the proceedings and that this is intended to make it impossible for me to comment on and supplement the grounds for the appeal.

I point out that, because of the course of the proceedings to date, I also feel compelled to forward a copy of this letter and further documents to the investigative committee of the Bundestag (Federal Parliament), to the justice authorities and to the media.

The case reference for the complaint / appeal on points of law proceedings is also requested.

Read, approved, signed. Applicant. To the Bundesgerichtshof (Federal Court of Justice; case reference unknown), previous case reference at LG Berlin: (522 Ks) 176 Js 4/22 (5/23).