Renewed violation of the secrecy of correspondence by Heidering Prison (JVA Heidering)
On 01.08.2025 at 19:23, the officer on the unit, Mr Mattusch (name as heard), refused to hand over an already opened letter containing important documents for my application to the European Court of Human Rights (EGMR), as well as a media article about me. This constitutes a violation of the secrecy of correspondence and mail (§ 202 StGB, Art. 10 GG) and of my right of access to justice (Art. 19 Abs. 4 GG, Art. 103 Abs. 1 GG). A corresponding declaration in lieu of an oath was submitted (Annex 61_F2).
Dmitry Bagrash, Heidering Prison (JVA Heidering), Ernst-Stargardt-Allee 1, 14979 Großbeeren. Declaration in lieu of an oath (§ 294 Abs. 1 ZPO).
On 01.08.2025 at 19:23, I went to the officer on the unit at Heidering Prison, Mr Mattusch (name as heard), to collect my mail. The officer, Mr Mattusch, handed me an A4 letter addressed to me. This letter had already been opened and bore a small slip from the security service. This means that the security service had already checked the letter in my absence and subsequently forwarded it for distribution. The officer opened the letter again, read its contents and then refused to hand it over to me.
The letter contained important drafts subject to time limits, intended to prepare an individual application to the European Court of Human Rights (EGMR). It also contained a media article about me. Ultimately, the letter was not handed over to me, although Deutsche Post had delivered it to me.
Conclusion: This grossly violated the secrecy of correspondence and mail (§ 202 StGB, Art. 10 GG). By withholding the letter, I was also denied my right of individual access to justice, particularly with regard to the EGMR. I was therefore unable to exercise my fundamental right to a proper legal remedy procedure under § 296 ZPO in conjunction with Art. 19 Abs. 4 GG. The events described seriously violated Artikel 103 Abs. 1 GG (right to be heard).
I expressly confirm the correctness and completeness of my statements by declaration in lieu of an oath. Warning: I have been informed that false statements in a declaration in lieu of an oath may entail criminal consequences (§§ 156, 163 StGB).
Berlin, 02 August 2025. Dmitry Bagrash
Commentary — assessment by Dmitry Bagrash
Refusing to hand over an already opened letter is legally the more serious event: withholding its contents is added to the interference with the secrecy of mail (§ 202 StGB, Art. 10 GG). The documents concerned an application to the EGMR, hence an international procedure with its own time limits.
Document source
Annex 61_F2 (declaration in lieu of an oath of 02.08.2025): Anlage_61_F2.pdf
The legal assessment of this mail inspection is documented under F2-105 (Annex 63_F2); the institution’s reaction under F2-102.