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Sworn Affidavit — Dmitry Bagrash

I declare under oath pursuant to § 294 para. 1 ZPO — fully aware of my responsibility for any distortion of the truth. Immediately after the verdict was pronounced, Judge Groß (VRiLG) and OStA Klaus Michael Wachs imposed a complete isolation regime, actively obstructed the appeal process, and even prohibited all contact with the Jewish community.

Procedural Timeline
22.07.2024
Verdict LG Berlin 522 Ks 5/23
12.09.2024
Discharge of lawyers Mumm and Jochmann
28.11.2024
Appeal brief by RA Römer
15.01.2025
Court clerk refuses supplement — order from VRiLG Groß
07.05.2025
BGH dismisses — verdict lacked legal norms
30.07.2025
"Correction": list of norms added retroactively
27.08.2025
Complaint — not forwarded to KG
31.10.2025
KG: § 306 para. 2 = mere "Sollvorschrift"
Deception 1Deception 2Deception 3 Deception 4Deception 5Deception 6 Sworn AffidavitsAll DocumentsQuestions

The Systematic Deceptions

1
Deception 1 · Appeal & Communication
Complete isolation after the verdict — prohibition on filing appeal supplements

Immediately after sentencing, VRiLG Groß and OStA Klaus Michael Wachs imposed a complete isolation regime. They actively obstructed my search for a new lawyer, prohibited all contact even with the Jewish community, and refused access to case files.

When I attempted to file appeal supplements with the court clerk on the record, they were not forwarded to the appellate court. Eventually the court clerk was expressly forbidden from accepting them from me at all.

15 January 2025: Court clerk Ms Sauer informed me that her supervisor, acting on orders from VRiLG Groß, had prohibited the acceptance of my supplement — on the grounds that the deadline for the appeal brief had allegedly expired. However, for supplements to the appeal there is no statutory deadline under § 344 para. 2 StPO. Sworn affidavit, Annex 9/F2 · JVA Moabit · 15.01.2025
2
Deception 2 · Criminal complaint
Criminal complaint against Detective Weiß — and the strange response

During the trial itself I filed a criminal complaint against Detective Weiß, who had knowingly given false testimony in court. No response was forthcoming.

Serious Contradiction

The Prosecutor General's Office cites the fact of my conviction as proof that there is no criminal offence — even though that conviction rests largely on the false testimony of the very same detective. The response came immediately after the death of lawyer Ingo Risch — the witness I had named in the complaint.

3
Deception 3 · Police & Investigation
Obstruction of police work by OStA Wachs

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

Block 1
Prohibition on further questioning — even though I had voluntarily handed over passwords and offered to help create photofit pictures.
Block 2
Prohibition on using mobile phone data — which would have led to the perpetrator within days.
Block 3
Prohibition on questioning a witness who had been in the BMW with a Russian agent.
Block 4
Order to search for agents in the German residents' register — even though their names were almost certainly fictitious.
4
Deception 4 · Legal finality
Inadmissible "correction" of the verdict after it became legally final

On 30 July 2025 the verdict of 22 July 2024 was "corrected": for the first time a list of the applicable statutory provisions was added — allegedly to rectify an "obvious clerical error". In reality this was a material amendment to the operative part of a final judgment.

This means the BGH dismissed the appeal on the basis of a formally defective and incomplete verdict. The list of statutory provisions was inserted 373 days after the verdict and 84 days after the judgment became legally final.

Violation 1
Res judicata: after the BGH decision of 07.05.2025 the verdict cannot be supplemented.
Violation 2
Definiteness: a verdict without a list of statutory provisions is not legally valid.
Violation 3
Right to be heard: I was unable to contest the retroactively inserted norms or file any legal remedy against them.
Violation 4
Deception: three professional judges (VRiLG Groß, RiLG Loewenthal, RiLG Schlimm) disguised a material amendment as a clerical correction.
5
Deception 5 · Intelligence trail
Early identification by Feoktistov — and Wachs's false argumentation

OStA Wachs repeatedly asserted that a provocation by Russian intelligence services was implausible because nobody had anonymously informed the police of the suspect's name.

The rebuttal: Sergey Feoktistov (head of the Berlin bureau of Rossiya Segodnya) stated publicly on 2 February 2023: "That's him. It is presumably Dmitry Bagrash … we filed a complaint with the police."Sputnik (ru), 02.02.2023 — publicly accessible. OStA Wachs never properly investigated this.

In September 2025 I learned that OStA Wachs had knowingly misled the court: there was an identification — and it came from the head of Russian state media.

6
Deception 6 · Judicial path
"Misdirected instead of forwarded" — blocking the lawful appeals process

On 26/27 August 2025 I filed a complaint against the "correction" decision. Instead of referring it to the Kammergericht — as required by § 306 para. 2 StPO — my documents were redirected to the Prosecutor General's Office, where no case number existed for them.

The Kammergericht ultimately declared § 306 para. 2 StPO to be merely a "non-binding provision without direct procedural consequences".

Consequence: the court of first instance can effectively shut down the lawful appeals path — without any effective judicial remedy. This violates Art. 2 para. 2 sent. 2, Art. 101 para. 1 sent. 2 and Art. 19 para. 4 of the Basic Law.

All Sworn Declarations

SWORN
15.01.2025
Annex 9/F2 · JVA Moabit
Court clerk refuses appeal supplement on orders from VRiLG Groß
Violation of Art. 103 para. 1 Basic Law and § 345 StPO.
↗ Open PDF
SWORN
09.09.2025
Annex 70/F2 · JVA Heidering
No notification of right to appeal on day of verdict — complete isolation
22.07.2024: no documents, no notification, no contact with defence counsel. Isolation by Judge Groß and OStA Wachs.
↗ Open PDF
SWORN
02.08.2025
Annex 61/F2 · JVA Heidering
ECHR complaint drafts confiscated — violation of correspondence secrecy
Letter containing ECHR complaint drafts opened and withheld. § 202 StGB, Art. 10 Basic Law.
↗ Open PDF
SWORN
30.09.2025
Annex 75/F2 · JVA Heidering
OStA Wachs misled the court about Feoktistov's identification
Wachs claimed no one had named a suspect. Feoktistov's public statement of 02.02.2023 directly contradicts this.
↗ Open PDF

For Parliament, Oversight Bodies and the Public

  1. Which specific version of the verdict (date/version) did the BGH review — did it contain the list of statutory provisions or not?
  2. On whose specific orders was the court clerk prohibited on 15 January 2025 from accepting the appeal supplement?
  3. Why was Feoktistov's public statement of 2 February 2023 never properly investigated?
  4. Did OStA Wachs knowingly mislead the court when he claimed there had been no identification of a suspect?
  5. What safeguards exist to ensure that applications in detention cases are forwarded to the competent authority within three days (§ 306 para. 2 StPO)?
  6. What is the content of the "joint position" agreed between JVA Heidering and the Senate Department of Justice on 11 August 2025?