Access to court 25.03.2025

Prevention of posting important documents relevant to the proceedings

On 25 March 2025 I was prevented at the JVA (prison) from sending an important letter subject to a deadline through the mail office. The letter, which I handed to JVA staff open for inspection, contained:

a complaint under official supervision (Dienstaufsichtsbeschwerde) against ,

the supplement to the (Parts 5 and 6),

and all documents relevant to the proceedings for passing on to several journalists.

Despite my express reference to the urgency of the mailing and the applicable deadline, a member of staff dismissed my request with a smile and the words “Do what you want”.

To date I have received no acknowledgements of receipt from Deutsche Post (German Post), the Bundesverfassungsgericht (Federal Constitutional Court), the EGMR (European Court of Human Rights), or replies to my letters to acquaintances. (Anlage_55_F2)

Dmitry Bagrash, register no. 2796/22/6, Alt-Moabit 12a, 10559 Berlin. Declaration in lieu of oath.

1. On 25 March 2025 at 06:25 I handed a letter to a member of staff at Justizvollzugsanstalt Moabit (Moabit Prison) for forwarding through the prison mail service.

2. On the same day at 12:05, the same member of staff brought back the letter I had handed over earlier. He told me that the letter was “open” and lacked a stamp. I explained that under the internal rules of JVA Moabit I was required to hand over outgoing mail open, and that a postage code was marked instead of a stamp, which I had been using for over a year without problems. The member of staff answered laughing that the mail office would in any event refuse to send my letter. I could “do what I wanted” — it would be best to write an explanation.

3. On 26 March 2025 I then submitted a written explanation to the prison management. There was no response.

4. The only comprehensible explanation is that at this point the JVA held a complaint under official supervision against Judge Groß and the text of Parts 5 and 6 of my supplement to the grounds for the appeal on points of law.

5. Incoming mail addressed to me is also unlawfully withheld by the prison management. To date I have received no confirmation of delivery of my constitutional complaint to the Bundesverfassungsgericht and to the EGMR, despite the corresponding confirmation of sending in the online postal system. Mail from my private contacts is also withheld from me.

In my view, the second phase of my isolation has thus begun, together with systematic unlawful interference with the exercise of my constitutional rights. I was unable to exercise my fundamental right to proper legal remedy proceedings under § 296 ZPO in conjunction with Art. 19 Abs. 4 GG. The events described seriously violated Artikel 103 Absatz 1 GG (right to be heard).

Warning: I have been informed that false statements in a declaration in lieu of oath may have criminal consequences (§ 156 StGB, § 163 StGB).

Dmitry Bagrash. Place, date: Berlin, 25 March 2025

Commentary — Dmitry Bagrash’s assessment

Here the obstruction shifts from the court registry to the mail office: it was no longer recording but sending that was prevented — in the case of a letter containing a complaint under official supervision against the presiding judge. The prison, whose cooperation with the court I was challenging, also controlled the only route to the outside. The legal basis for withholding mail would be § 31 StVollzG; I received no formal withholding order that could be challenged.

Source of the document

Anlage 55_F2 (declaration in lieu of oath of 25.03.2025): Anlage_55_F2.pdf

The subsequent enquiry to the prison management is documented under F2-041.