Immediate complaint (sofortige Beschwerde) against denial of jurisdiction
I lodged an immediate complaint (sofortige Beschwerde) against the rejection of my application by the Kammergericht (Berlin Higher Regional Court), which declared that it lacked jurisdiction on 17.02.2025 but did not forward it as required by law under § 17a Abs. 2 GVG. This violates my right to effective judicial protection (Art. 19 Abs. 4 GG) and my right to be heard (Art. 103 Abs. 1 GG). (Anlage 21_F2)
Commentary — Dmitry Bagrash’s assessment
Postal delivery took place on 24.02.2025.
First official response: on 21.05.2025 I received a response from a court for the first time — the BGH (Federal Court of Justice) order dated 07.05.2025 (75 days later)
Dmitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To Kammergericht Berlin, Elßholzstraße 30–33, 10781 Berlin. 21.02.2025. Case reference: 3 AR 2/25, Kammergericht, 3rd Criminal Senate. Presiding Judge at the Kammergericht, Ms Grieß.
Subject: Immediate complaint against the rejection of my application by Kammergericht Berlin — violation of fundamental rights and announcement of an application to the EGMR (European Court of Human Rights).
Dear Sir or Madam, I hereby lodge an immediate complaint against the rejection of my application by Kammergericht Berlin in its letter of 17 February 2025, which I received on 20 February 2025 at 12:05. My application for an interim order and a declaratory finding was rejected on the grounds that the Kammergericht lacked jurisdiction. However, it was not forwarded under § 17a Abs. 2 GVG, which constitutes a serious violation of my fundamental right to effective judicial protection (Art. 19 Abs. 4 GG).
I call upon Kammergericht Berlin to:
1. Set aside the decision of 17 February 2025 and examine my application on its merits or forward it to the competent court. 2. Find that Kammergericht Berlin has violated § 17a Abs. 2 GVG. 3. Order immediate processing of my supplement to the grounds for the appeal on points of law and my complaints under § 37 StPO. 4. Find that my fundamental right to be heard (Art. 103 Abs. 1 GG) and my right to effective judicial protection (Art. 19 Abs. 4 GG) have been violated.
Facts
On 03 February 2025 I applied to Kammergericht Berlin — Criminal Senate — for an interim order and a declaratory finding, requesting: that the Presiding Judge at Landgericht Berlin (Berlin Regional Court) be required to forward my supplement to the grounds for the appeal on points of law to the competent court without delay; forwarding of my complaints about judicial inaction under § 198 GVG and my complaint under § 304 StPO; a finding that the failure to forward them is unlawful; initiation of an investigation against Groß, Presiding Judge at the Landgericht (VRiLG), for perversion of justice (Rechtsbeugung) and obstruction of prosecution in public office under §§ 339, 258a StGB.
Kammergericht Berlin rejected this application on 17 February 2025 on the grounds that it lacked jurisdiction, but did not forward it to the competent court or identify a competent body to me. This constitutes a clear violation of § 17a Abs. 2 GVG.
Violations of fundamental rights and a possible application to the EGMR
Art. 19 Abs. 4 GG — effective judicial protection: my application was unlawfully rejected without another court being identified to me or my request being forwarded. Art. 103 Abs. 1 GG — right to be heard: my submissions were not examined on their merits but blocked on a purely formal pretext. Art. 6 EMRK — right to a fair trial.
If my application is again rejected without examination or proper forwarding, I will lodge an application with the European Court of Human Rights (EGMR).
Yours sincerely, Dmitry Bagrash
Source of the document
Anlage 21_F2 (immediate complaint of 21.02.2025): Anlage 21_F2.pdf
Forwarding to the BGH is documented under F2-034. This document is also cited as evidence in the subsequent supplement to the constitutional complaint of 23.07.2025 (F2-098).