First summons to the EWA Commission at JVA Moabit after more than three years in custody

oral refusal of a transfer to an open prison regime because of the absence of an admission of guilt

On 13.03.2026, for the first time since the start of my detention at JVA Moabit (Moabit Prison), I was summoned to a so-called EWA Commission. According to my account, this commission thus took place with a gross delay — not until more than three years after the start of detention. During this appointment the female group leader told me orally that I would not be transferred to an open prison regime, although I have not committed a single disciplinary breach, have stable social ties and a minor son, and have concrete work prospects for life in freedom. She expressly cited as the decisive reason for refusal that I do not acknowledge my guilt and continue to insist on a review of my criminal proceedings. From this she inferred a risk of absconding and a risk of new offences. This reasoning raises serious constitutional and human rights concerns, particularly regarding the statutory criterion for an open regime, the principle of equality, the right to effective judicial protection and the presumption of innocence (including § 10 Abs. 1 StVollzG, Art. 3 Abs. 1 and Art. 19 Abs. 4 GG, Art. 47 and 48 of the EU Charter of Fundamental Rights). My impression is that this decision fits into an overall picture in which state bodies, including the Generalstaatsanwaltschaft (Prosecutor General’s Office) and the Senate Department for Justice, systematically make it harder for me to prepare effectively and secure the reopening of my proceedings (Wiederaufnahme). I do not yet have the commission’s written decision; once received, it will be published and supplied as a separate annex. (Annex to follow)