Reply from Kammergericht Berlin (Berlin Higher Regional Court) to the application to Kammergericht Berlin for an interim order of 03.02.2025. Quote: “Under the current allocation of business at the Kammergericht, the Senate has no jurisdiction over such applications. The same applies to the requested direction of investigations.” (Anlage 19_F2)
Kammergericht, Criminal Senates of the Kammergericht, Elßholzstraße 30–33, 10781 Berlin. Case reference: 3 AR 2/25. To Mr Dimitry Bagrash, register no. 2796/22/6, JVA Moabit (Moabit Prison). Date: 17.02.2025.
Dear Mr Bagrash, your application for an interim order and a declaratory finding of 3 February 2025 (received here on 5 February 2025) has been submitted to the 3rd Criminal Senate of the Kammergericht. Under the current allocation of business at the Kammergericht, the Senate has no jurisdiction over such applications. The same applies to the requested initiation of investigations. I therefore return the documents to you. You remain free to approach the investigating authorities.
Yours sincerely, Kammergericht, 3rd Criminal Senate, Grieß, Presiding Judge at the Kammergericht. Akin.
Commentary — Dmitry Bagrash’s assessment
The Senate declared that it lacked jurisdiction and returned the documents to me. Under § 17a Abs. 2 GVG, transfer to the competent body would have been envisaged. For a prisoner, the difference is decisive: transfer preserves the deadline, while returning the papers lets it expire — and the route back again leads through the court registry officer, to whom I was denied access.
Source of the document
Anlage 19_F2 (letter from Kammergericht of 17.02.2025): Anlage 19_F2(1).pdf / Anlage 19_F2.pdf
The underlying application of 03.02.2025 is documented under F2-022 (Anlage 13_F2). This denial of jurisdiction led to the immediate complaint (sofortige Beschwerde) of 21.02.2025 (F2-030, Anlage 21_F2).