Application for an interim order and a declaratory finding to Kammergericht Berlin (Berlin Higher Regional Court)

Dimitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To Kammergericht Berlin — Criminal Senate —, Elßholzstraße 30–33, 10781 Berlin. Berlin, 03.02.2025.

Subject: Application for an interim order and a declaratory finding.

Dear Sir or Madam, I hereby apply for an interim order and a declaratory finding. If Kammergericht Berlin lacks jurisdiction, I request under § 17a Abs. 2 GVG that this submission be forwarded to the competent court without delay.

Requests

1. An obligation to forward the supplement to the grounds for the appeal on points of law: I request that Groß, Presiding Judge at Landgericht Berlin, be required to forward without delay to the competent court hearing the appeal on points of law my supplement to the grounds for that appeal, submitted on 20 January 2025 for recording by the court registry, and to inform me of this under § 37 StPO.

2. An obligation to forward complaints: I request that Landgericht Berlin be directed to forward without delay to the competent court hearing complaints my two complaints under § 198 GVG of 30 January 2025 and their supplements of 21 January 2025, as well as my complaint under § 304 StPO against the order of 8 January 2025.

3. A finding that withholding submissions is unlawful: I request a finding that the failure to forward my supplement to the grounds for the appeal on points of law and my complaints, and the failure to acknowledge receipt under § 37 StPO, are unlawful.

4. A finding that acts of deception and denial of justice are unlawful: I request a finding that the deliberate deception on 12 December 2024 and 16 January 2025 about a supposedly expired deadline for submitting grounds for the appeal on points of law, and the repeated refusals of my applications without a prescribed form or substantive examination, are unlawful.

5. Initiation of an investigation (§ 308 StPO; § 258a StGB; § 339 StGB): I request initiation of an investigation against VRiLG Groß on strong suspicion of obstruction of prosecution in public office (§ 258a StGB) and perversion of justice (Rechtsbeugung; § 339 StGB), on account of systematic delays and obstruction of my defence rights, abuse of his judicial powers and deliberate deception about the applicable deadlines.

Facts

1. Prison sentence and current situation: On 22 July 2024 I was sentenced to 5 years and 4 months’ imprisonment for an alleged attempted murder. However, the judgment is not final, and I remain chair of the association “UnKremlin” e.V. Since August 2024 I have experienced severe unlawful obstruction in seeking legal assistance and in lodging and supplementing my appeal on points of law (Revision). Senior Public Prosecutor Wachs and VRiLG Groß are effectively denying me access to a lawyer and obstructing my defence.

2. Isolation measures and communication bans: Immediately after the judgment was pronounced, I was completely isolated from the outside world. I was forbidden any communication, even with the Jewish community. On 28 November 2024 — the final day for submitting grounds for the appeal on points of law — a telephone number of the Jewish community was enabled for me only at 16:00, although I had submitted my application on 5 August 2024.

3. Obstruction of the lodging of the appeal on points of law and access to the case file: On 15 January 2025 the court registry refused to accept my supplement to the grounds for the appeal on points of law; only after persistent insistence did the registry officer accept my submissions. On 20 January 2025 I was able to submit my supplement despite resistance from VRiLG Groß — there is a strong suspicion that he is withholding it. To this day I have received no acknowledgement of receipt under § 37 StPO. VRiLG Groß declares my complaint “invalid” on his own authority and continues to deny access to the case file.

4. Manipulated proceedings — risk that the appeal on points of law will be rejected: The judgment is based on false facts and manipulated presentation of evidence. Without my supplement to the grounds for the appeal on points of law, there is a risk that the court hearing the appeal will reject it on purely formal grounds.

5. Withholding applications and complaints: Despite submission on 20 January 2025 and on 13 and 21 January 2025, there is still no acknowledgement of receipt. Several earlier applications (15.11.24, 26.11.24, 10.12.24, 17.12.24) also remained unanswered; refusals without a prescribed form were issued on 17.10.24, 25.11.24, 03.12.24, 16.01.25 and 12.12.24.

6. Initiation of an investigation against VRiLG Groß: On 15.01.2025 I received the order of Landgericht Berlin, signed by VRiLG Groß. However, the notice of legal remedies did not include § 35 StPO, which governs the periods for lodging legal remedies — a possible violation of §§ 258a, 339 StGB.

My legitimate interests in a finding of unlawfulness arise from the obvious risk of recurrence, the violation of basic procedural rights and the serious violation of fundamental rights (Art. 103 Abs. 1 GG, Art. 13 EMRK, Art. 6 EMRK).

Yours sincerely, Dmitry Bagrash