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Declaration in lieu of oath — Dmitry Bagrash

I declare in lieu of oath under § 294 para. 1 ZPO — aware of my full responsibility for any distortion of the truth. Immediately after pronouncement of the judgment, judge Groß (VRiLG) and senior public prosecutor Klaus Michael Wachs (OStA) imposed complete isolation, actively obstructed the appeal on points of law (Revision) and even prevented communication with the Jewish community.

Procedural chronology
22.07.2024
Judgment LG Berlin (Berlin Regional Court) 522 Ks 5/23
12.09.2024
Discharge of lawyers RA Mumm and RA Jochmann from their appointments
28.11.2024
Grounds of the appeal on points of law (Revision) by lawyer RA Römer
15.01.2025
UKB (court registry officer) refuses acceptance — instruction by presiding Regional Court judge Groß (VRiLG)
07.05.2025
BGH (Federal Court of Justice) dismisses — with no criminal provisions in the judgment
30.07.2025
‘Correction’: list of provisions inserted afterwards
27.08.2025
Complaint — not forwarded to the KG (Berlin Higher Regional Court)
31.10.2025
KG (Berlin Higher Regional Court) dismisses: § 306 para. 2 = ‘provision to be followed as a rule’

The systematic deceptions

1
Deception 1 · Appeal on points of law (Revision) and communication
Complete isolation after the judgment — supplement to the appeal on points of law (Revision) prohibited

Immediately after pronouncement of the judgment, VRiLG Groß and senior public prosecutor Klaus Michael Wachs (OStA) imposed complete isolation. The search for a new lawyer was actively obstructed, communication even with the Jewish community was prevented, and access to the file was refused.

When I wished to submit supplements to the appeal on points of law (Revision) on the record, they were not forwarded to the appellate court. Eventually, the registry officer was even forbidden to accept them from me.

On 15.01.2025, I asked court registry officer UKB Ms Sauer to accept my supplement. She said her superior had prohibited this on instructions from VRiLG Groß — the deadline for the grounds of the appeal on points of law (Revision) had expired. But supplements to the appeal on points of law (Revision) are subject to no statutory deadline under § 344 para. 2 StPO. Declaration in lieu of oath Annex 9/F2 · JVA Moabit · 15.01.2025

On 14.03.2025, court registry officers UKB Tiergarten refused again. On 18.03.2025: refusal of the supplement to the appeal on points of law (Revision), the criminal complaint against VRiLG Groß and the complaint of a violation of the right to be heard (Anhörungsrüge).

2
Deception 2 · Criminal complaint
Criminal complaint against Kriminalkommissar Weiß (KK, criminal police inspector) — and the strange response

During the criminal proceedings, I lodged a criminal complaint against criminal police inspector Kriminalkommissar Weiß, who knowingly gave false testimony in court. There was no response.

Serious contradiction

The Generalstaatsanwaltschaft (Prosecutor General’s Office) treats the fact of my conviction as evidence that no offence was constituted — a conviction largely based on the false testimony of that same criminal police inspector. The reply came immediately after the death of lawyer RA Ingo Risch — the witness to the act whom I had named in the complaint.

3
Deception 3 · Police and investigation
Blocking of police work by senior prosecutor OStA Wachs

Senior prosecutor OStA Klaus Michael Wachs prohibited the police from investigating independently from the outset. Documented interventions:

Block 1
Ban on further questioning — although I had voluntarily supplied passwords and offered composite portraits.
Block 2
Ban on using mobile telecommunications data — which would have led to the perpetrator within days.
Block 3
Ban on questioning the female witness who travelled in the BMW with a Russian agent.
Block 4
Order to search for the agents’ names in the residents’ register — although the names were most likely invented.
4
Deception 4 · Finality
Impermissible ‘correction’ of the judgment after it became final

On 30.07.2025, the judgment of 22.07.2024 was subsequently ‘corrected’: the list of provisions was inserted for the first time — supposedly because of an ‘obvious clerical error’. In reality: a substantive amendment of the operative part after finality.

The BGH (Federal Court of Justice) thus dismissed the appeal on points of law (Revision) on the basis of a formally defective and incomplete judgment. The list of provisions was inserted 373 days after the judgment and 84 days after it became final.

Violation 1
Protection of finality: After the BGH (Federal Court of Justice) order of 07.05.2025, the judgment may no longer be supplemented.
Violation 2
Certainty: A judgment without a list of provisions is ineffective.
Violation 3
Right to be heard: I could neither make submissions on the subsequently inserted provisions nor lodge a legal remedy.
Violation 4
Deception: Three professional judges (VRiLG Groß, RiLG Loewenthal, RiLG Schlimm) disguised a substantive amendment as a clerical error.
5
Deception 5 · Intelligence-service lead
Early identification of the perpetrator by Feoktistov — and Wachs’ false argument

Senior prosecutor OStA Wachs repeatedly stated that a provocation by Russian intelligence services was implausible because no one had anonymously informed the police of the perpetrator’s name.

The counter-evidence: Sergej Feoktistov (head of the Berlin office of ‘Rossija Segodnja’) stated publicly on 02.02.2023: ‘It is him. It is presumably Dmitry Bagrash … we reported it to the police.’
= ‘It is him. Presumably Dmitry Bagrash … we lodged a complaint with the police.’ Sputnik (ru), 02.02.2023 — publicly accessible. Never seriously investigated by the prosecution service.

In September 2025, I learned that senior prosecutor OStA Wachs had misled the court contrary to the truth: there had indeed been an identification — by a senior figure in Russian state media.

6
Deception 6 · Route through the courts
‘Redirect rather than submit’ — blocking the statutory route of appeal

On 26./27.08.2025, I lodged a complaint against the correction order. Instead of placing it before the Kammergericht (Berlin Higher Regional Court) — as § 306 para. 2 StPO mandatorily requires — my matter was forwarded to the Generalstaatsanwaltschaft (Prosecutor General’s Office). There was no file reference there.

The Kammergericht (Berlin Higher Regional Court) eventually declared § 306 para. 2 StPO a mere ‘provision to be followed as a rule, without direct procedural consequences’.

Consequence: by failing to submit the matter, the originating court can effectively disable the statutory route through the courts — without an effective counter-remedy in the ordinary courts. This violates Art. 2 para. 2 sentence 2, Art. 101 para. 1 sentence 2 and Art. 19 para. 4 GG.

7
Deception 7 · Information on legal remedies
One sheet, two sets of instructions — the combined information on legal remedies (Annex 29_F3)

The Regional Court’s (Landgericht) reply concerning Annex 29_F3 has information on legal remedies attached. On examination of the supplied document, its text consists of two blocks that do not belong together.

Block 1 begins correctly: information on the complaint under § 304 StPO — the appropriate legal remedy against an order. The sentence breaks off.

Block 2 starts in the middle of the text and comes from an entirely different form: instructions on electronic filing, followed by information on Berufung (appeal), Revision (appeal on points of law), Nebenklage (participation as a private accessory prosecutor) and Anschlusserklärung (declaration of joinder). These are legal remedies against a judgment — they are not available against an order.

Nowhere is a deadline stated. Anyone following the instructions lodges a legal remedy that does not exist at this stage of proceedings. Anyone not following them does not know the actual deadline.

The finding is evidenced on the sheet itself — the break in the sentence, the change of form, the unavailable legal remedies, the missing deadline. How this sheet came into being, I cannot prove. I consider it possible that two templates were copied on top of each other; this is my assessment, not a finding. I request a technical examination of the original.

The relevant legal provisions are § 35a StPO (duty to provide information on legal remedies), § 44 sentence 2 StPO (where information is absent or incorrect, missing the deadline is considered not attributable to fault), and Art. 19 Abs. 4 GG. Incorrect information is therefore not a peripheral formal defect, but concerns access to the next instance.

Related material: Chronology F3-033 · Dossier on VRiLG Groß, section IV

8
Deception 8 · Circular reasoning
The decision as evidence of itself

When I challenge a decision, the response refers me to that very decision. This is not an isolated clumsiness — it is the consistent form of reasoning used to decide my submissions.

DateBodyReasonsSupporting evidence
01.07.2025 Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office) No procedural violations — because the Bundesgerichtshof (Federal Court of Justice) dismissed the appeal on points of law (Revision) Annex 89_F2
July 2025 Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office) No offence constituted in the complaint against KK Weiß (criminal police inspector) — because the conviction stands declaration in lieu of oath
14.07.2026 Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office) Complaint unfounded — with reference to the reasons of the challenged order Annex 149_F2
26.06.2026 President of the Berlin Regional Court I Service-supervision complaint (Dienstaufsichtsbeschwerde) unsuccessful — because the legal remedies were dismissed Annex 147_F2

In the first case, the exact wording is secured. The reasons section of the letter of 01.07.2025 (file reference 176 Js 4/22) consists of two sentences:

‘Following examination, I am unable to identify any procedural violations. The Bundesgerichtshof (Federal Court of Justice), which dismissed your appeal on points of law (Revision) against the judgment of Landgericht Berlin I (Berlin Regional Court I) by order of 07.05.2025, also reached this conclusion.’

None of the facts I presented is identified. And: at the time of this letter, the list of provisions applied under § 260 para. 5 StPO was still not present in the judgment — it was added only on 30.07.2025. The decision on the appeal on points of law cited here as evidence of the proper conduct of proceedings therefore concerned a judgment without a list of provisions.

In the second case, the circle closes completely. On 23.01.2024, I lodged a criminal complaint against Kriminalkommissar Weiß (criminal police inspector) for false testimony in court, on the record at the court registry. I received no acknowledgement of receipt; in response to my status enquiry of 06.01.2025, I was not even given a reference number. Only around a year and a half after the complaint — after the judgment and dismissal of the appeal on points of law (Revision) — was I informed that the investigation had been discontinued because no offence was constituted. The conviction serves as evidence of this. But the judgment relies substantially on the testimony of precisely this witness.

There is a further circumstance which I record without drawing a conclusion: in the complaint, I named lawyer Dr. Ingo Risch as a witness to the act. The reply was issued immediately after his death.

The point is: A decision whose making is challenged is declared evidence of its own correctness. I make no claim of intent by saying this. I describe the form of the reasoning — and this form can be read in four letters.

Related material: Chief Senior Public Prosecutor Dr. Brocke (Ltd. OStA) · Group leader at the Berlin Prosecutor General’s Office Lazarenko (GL) · Dr. Mauntel · 5th Criminal Division of the BGH · Senior Public Prosecutor Wachs (OStA)

All declarations in lieu of oath

During the proceedings, Dmitry Bagrash made several formal declarations in lieu of oath from JVA Moabit and JVA Heidering. They form the basis of the constitutional complaint and the application to the European Court of Human Rights (EGMR).

IN LIEU OF OATH
15.01.2025
Annex 9/F2 · JVA Moabit
Refusal of the supplement to the appeal on points of law (Revision) by the UKB (court registry officer) on instructions from VRiLG Groß
Violation of Art. 103 para. 1 GG and § 345 StPO.
↗ Open PDF → Chronology no. 15
IN LIEU OF OATH
14.03.2025
Annex 23/F2 · JVA Moabit
Renewed refusal — UKB (court registry officers) declare the deadlines expired
Two court registry officers refuse to accept the supplement to the appeal on points of law (Revision), raising a substantive-law challenge (Sachrüge).
↗ Open PDF → Chronology no. 35
IN LIEU OF OATH
20.06.2025
Annex 44/F2 · JVA Heidering
Heidering prison management denies access to the court registry officer
Application for an escorted trip to the UKB (court registry officer) for complaints of violations of the right to be heard (Anhörungsrügen) → BVerfG (Federal Constitutional Court) and EGMR (European Court of Human Rights) — refused orally, no written decision.
↗ Open PDF → Chronology no. 85
IN LIEU OF OATH
02.08.2025
Annex 61/F2 · JVA Heidering
Drafts for the EGMR (European Court of Human Rights) not delivered — violation of correspondence confidentiality
Letter containing draft applications to the EGMR (European Court of Human Rights) opened and retained. § 202 StGB, Art. 10 GG.
↗ Open PDF → Chronology no. 102
IN LIEU OF OATH
09.09.2025
Annex 70/F2 · JVA Heidering
No information on legal remedies on judgment day — complete isolation
On 22.07.2024: no documents, no information on legal remedies, no contact with defence counsel. Isolation by judge Groß and senior prosecutor OStA Wachs.
↗ Open PDF → Chronology no. 112
IN LIEU OF OATH
30.09.2025
Annex 75/F2 · JVA Heidering
Senior prosecutor OStA Wachs misled the court about Feoktistov’s identification of the perpetrator
Wachs claimed: no identification by the investigating authorities. Feoktistov’s public statement of 02.02.2023 directly refutes this.
↗ Open PDF → Chronology no. 117

Original documents

To parliament, supervisory bodies and the public

  1. Which specific version of the judgment was before the BGH (Federal Court of Justice) — did it contain the list of provisions or not?
  2. On whose instruction was the court registry officer forbidden on 15.01.2025 to accept the supplement to the appeal on points of law (Revision)?
  3. Why was Feoktistov’s statement of 02.02.2023 never incorporated into the investigation — although it was publicly accessible?
  4. Did senior prosecutor OStA Wachs knowingly mislead the court when he stated that there had been no identification of the perpetrator?
  5. What safeguards exist to ensure that submissions in custody matters reach the competent instance without delay (§ 306 para. 2 StPO: within three days)?
  6. What is the content of what was developed on 11.08.2025 between JVA Heidering and the Senatsverwaltung Justiz (Senate Administration for Justice) as a ‘common approach’?