Urgent request for a ballpoint pen to group supervisor Dahms
On 13.06.2025 I urgently asked group supervisor Ms Dahms for a ballpoint pen so that I could immediately draft applications to the Bundesverfassungsgericht (Federal Constitutional Court) and the EGMR (European Court of Human Rights). She refused, stating that such items would only be available at the regular purchase on 28.06.2025. I explained that this was too late, as my writing materials were still at JVA Moabit through no fault of my own. (Anlage 43_F2)
Dmitry Bagrash, JVA Heidering, Ernst-Stargardt-Allee 1, 14979 Großbeeren. Declaration in lieu of oath pursuant to § 27 VwVfG or for submission to the court.
I, Dmitry Bagrash, currently imprisoned at JVA Heidering (Heidering correctional facility), hereby declare in lieu of oath:
1. On 10.06.2025 I was suddenly transferred, without prior notice, from JVA Moabit to JVA Heidering.
2. During this transfer, my personal belongings, including in particular hygiene items and writing materials (e.g. ballpoint pens), remained at JVA Moabit. I was assured that these would be forwarded promptly in a separate delivery — which has not happened to this day.
3. On the afternoon of the same day I urgently asked group supervisor Ms Dahms for a ballpoint pen because I intended to draft applications to the Bundesverfassungsgericht and the EGMR without delay. She refused, reasoning that I could buy the relevant items at the next regular purchase, which, however, would not take place until 28.06.2025. I explained to her that this was too late and that the required items were among my belongings left behind at JVA Moabit — meaning that, through no fault of my own, I had no access to the necessary means.
4. On 13.06.2025 I submitted a written application for the following items to be provided: soap, shower gel, a razor and a ballpoint pen. In that application I again expressly stressed the urgent need for the ballpoint pen for constitutional applications. A ward officer orally refused my application, stating that I could buy all the listed items at the purchase on 28.06.2025.
I affirm that the above information is 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 entail criminal consequences (§ 156 StGB, § 163 StGB).
Place, date: Heidering, 19.06.2025
Commentary — Dmitry Bagrash’s assessment
This is the page to which I draw particular attention. On the same day that my appearance before the court registry officer was cancelled, I was also refused a ballpoint pen — with reference to the regular purchase more than two weeks later. Through no fault of my own, my writing materials were still at the transferring facility. On that day I was thus deprived of both routes: the oral route through the court registry and the written route in my own hand. The Kammergericht (Berlin Higher Regional Court) later argued that I could have submitted my pleadings myself — this page documents why I could not.
Source of the document
Anlage 43_F2 (declaration in lieu of oath of 19.06.2025): Anlage_43_F2.pdf
The subsequent event (cancellation of the appearance before the registry officer — UKB) is documented at F2-085.