Complaint concerning inactivity by the Senate Department and announcement of international steps

Dmitry Bagrash, JVA Heidering, Ernst-Stargardt-Allee 1, 14979 Großbeeren — To: Senatsverwaltung für Justiz und Verbraucherschutz Berlin (Berlin Senate Department for Justice and Consumer Protection), Salzburger Str. 21–25, 10825 Berlin.

Subject: Complaint concerning institutional inactivity and systematic blocking of my access to justice — announcement of international steps.

Dear Sir or Madam, on 20.06.2025 I formally contacted the Senate Department for Justice by email to draw attention to serious conditions at JVA Heidering contrary to the rule of law and to the systematic denial of my access to justice. To this day — after more than a month — I have received no response. Given the gravity of the allegations, this silence is unacceptable. Your inactivity constitutes not merely an organisational omission but a breach of the state’s duty to protect.

I. Facts

Since my transfer from JVA Moabit on 10.06.2025, I have repeatedly been prevented at JVA Heidering from filing legal remedies with the court within the time limit (particularly complaints alleging a violation of the right to be heard (Anhörungsrügen) under § 356a StPO). Ms Dahms’s refusal to bring me before a registry officer was justified by an unlawful assessment of the deadline by correctional facility employees — although only the competent court may decide questions of time limits. At the same time, all writing materials were deliberately denied to me — with comments such as: “You can buy a ballpoint pen when shopping on 28.06.” — although I provided evidence that I needed to draft constitutional complaints and EMRK applications. In my view, these measures cumulatively fulfil the elements of obstruction of criminal prosecution in public office (§ 258a StGB), Rechtsbeugung (perversion of justice, § 339 StGB), coercion (§ 240 StGB) and — considered together — the international offence of treatment contrary to human dignity within the meaning of Art. 3 EMRK.

II. Role of the Senate Department

Under § 145 Abs. 1 Satz 2 PrVollzG Berlin, the Senate Department is responsible for Fachaufsicht (substantive administrative supervision) over correctional facilities. In this role you must respond to indications of fundamental rights violations immediately and on your own initiative. Instead, my complaints were forwarded to the correctional facility — precisely the body against which I am complaining.

III. Demands

1. Immediate examination of the irregularities by the Senate Department itself. 2. Disciplinary examination of all persons involved — specifically Ms Dahms and the Heidering facility management. 3. A written decision capable of being challenged concerning the complaints I have submitted so far. 4. Verifiable confirmation that my complaints alleging a violation of the right to be heard and constitutional complaints were not obstructed and were forwarded in full. 5. Immediate restoration of my access to a registry officer and all necessary means of communication.

IV. Announcement

If no verifiable reply is received within 7 days of receipt of this letter, I will: submit your inactivity as further evidence to the EGMR under Art. 34 EMRK in conjunction with Regel 39; submit a further constitutional complaint concerning structural denial of legal protection; and prepare a complaint to the UN Special Rapporteur on torture.

Yours sincerely, Dimitri Bagrash