Cancellation by Heidering correctional facility (JVA Heidering) of attendance before the authorised registry official
On the afternoon of 13.06.2025 the group leader, Ms Dahms, personally told me that JVA Heidering had cancelled my attendance before the authorised registry official (Urkundsbeamter). An alleged failure to meet the deadline for the complaint alleging a violation of the right to be heard (Anhörungsrüge) was given as the reason.
This cancellation took place regardless of my repeated clear statements of urgency and despite the fact that the delays were caused exclusively by misconduct by the authorities. (Anlage 44_F2)
Dmitry Bagrash, JVA Heidering, Ernst-Stargardt-Allee 1, 14979 Großbeeren. Declaration in lieu of oath under § 27 VwVfG or for submission to the court.
I, Dmitry Bagrash, born on 09.05.1968, currently imprisoned at JVA Heidering, hereby declare in lieu of oath:
1. On 10.06.2025 I was suddenly transferred without advance notice from Moabit Prison (JVA Moabit) to JVA Heidering.
2. That same day I told the group leader, Ms Dahms, that at JVA Moabit the facility management and registry officials had prevented me from submitting my complaints alleging a violation of the right to be heard in full for the record at the registry. I expressly emphasised that these complaints were an important prerequisite for a constitutional complaint and an application to the European Court of Human Rights (EGMR), and therefore urgently requested an appointment with an authorised registry official.
3. On 11.06.2025 I recorded these facts in a written application and handed it to the responsible ward officer at 08:20.
4. On 13.06.2025 Ms Dahms told me orally that my attendance before the authorised registry official (UKB) had been cancelled, because the Heidering management had decided that the time limit for lodging the complaint alleging a violation of the right to be heard had expired. I have received no written notification of this to this day.
I affirm that the above statements are true and complete to the best of my knowledge and belief. Warning: I have been informed that false statements in a declaration in lieu of oath may have criminal consequences (§ 156 StGB, § 163 StGB).
Place, date: Heidering, 20.06.2025
Commentary — Dmitry Bagrash’s assessment
The cancellation was justified by saying that a deadline had been missed. Yet the delay had arisen because my complaint had not been recorded in full at the transferring facility. I am thus being held responsible for a missed deadline which, according to my account, was caused by the authorities’ actions. Moreover, once again a correctional facility employee decided a question of compliance with a deadline.
Source of the document
Anlage 44_F2 (declaration in lieu of oath of 20.06.2025): Anlage_44_F2.pdf
These events are also cited as evidence in the criminal complaint of 20.06.2025 (F2-089, Anlage 47_F2) and in the application for an interim order (F2-093, Anlage 54_F2).