Constitutional complaint submitted to the Bundesverfassungsgericht (Federal Constitutional Court)
On 17.02.2025 I lodged a constitutional complaint with the Bundesverfassungsgericht concerning systematic violations of fundamental rights by Landgericht Berlin (Berlin Regional Court) and the Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office). (Anlage 18_F2)
Dmitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To the Bundesverfassungsgericht, Schlossbezirk 3, 76131 Karlsruhe. Berlin, 17.02.2025.
Subject: Constitutional complaint concerning systematic violations of fundamental rights (case reference: 522 Ks 5/23; 176 Js 4/22) — Landgericht Berlin.
Dear Sir or Madam, I hereby lodge a constitutional complaint concerning the continuing violation of my fundamental rights by Landgericht Berlin and the Generalstaatsanwaltschaft Berlin, in particular by Groß, Presiding Judge at the Landgericht (VRiLG), and Senior Public Prosecutor Wachs. (OStA)
I. Facts
1. Unlawful obstruction of the appeal on points of law proceedings: My supplement to the grounds for the appeal on points of law (Revision) was submitted on 20 January 2025, but to date I have not been issued an acknowledgement of receipt under § 37 StPO. In a letter without a prescribed form of 12.12.2024, VRiLG Groß falsely asserted that the deadline had already expired.
2. Delay and disregard of the right to be heard: I applied for my defence counsel to be discharged from his duties as early as 17.12.2024; this has not been dealt with to date — a violation of Art. 19 Abs. 4 GG and Art. 103 Abs. 1 GG.
3. Unlawful isolation: I was denied access to the Jewish community for 116 days, although under § 148 StPO and Art. 4 GG it enjoys the same protection as defence counsel. Telephone calls were enabled only on 28 November 2024.
4. Political persecution: My case was used for political ends to suppress my opposition activities and public criticism of Russian influence in Germany.
II. Refusal of recording by JVA Moabit
On 13.02.2025 at 09:25, the court registry officer at JVA Moabit (Moabit Prison), Ms Oesterreich, refused to accept my constitutional complaint for recording by the registry, referring to her superiors. Because of this refusal, I feel compelled to submit my constitutional complaint by post. If postal submission is considered inadmissible, I request an interim order requiring the registry officer to accept my constitutional complaint for recording.
III. Requests
1. A finding of violation of fundamental rights under Art. 19 Abs. 4, Art. 103 Abs. 1, Art. 20 Abs. 3, Art. 2 Abs. 1, Art. 4 GG. 2. An order to Landgericht Berlin to forward my supplement to the grounds for the appeal on points of law without delay. 3. An obligation to decide on my application to discharge defence counsel without delay. 4. Review of the isolation measures by the Bundesverfassungsgericht. 5. An obligation on the authorities to comply with Art. 6 EMRK. 6. Investigation of politically motivated abuse of the justice system. 7. An interim order for my constitutional complaint to be recorded in full.
Yours sincerely, Dmitry Bagrash
Commentary — Dmitry Bagrash’s assessment
This first constitutional complaint was lodged before the appeal on points of law (Revision) had been decided — thus not out of dissatisfaction with a result, but because the proceedings themselves were being prevented. Someone who has to draft a constitutional complaint without access to the case file, without defence counsel and without access to the court registry can hardly meet the formal requirements of § 23 BVerfGG. The subsequent refusal to accept it without reasons should be read against this background.
Source of the document
Anlage 18_F2 (constitutional complaint of 17.02.2025): Anlage _18_F2.pdf / Anlage_18_F2.pdf.pdf