Update 1: (July 4, 2007) The Dudeks appeared before the family court in Hessen. After speaking with the children, the judge determined that there was no issue with the well-being of the children. They were healthy and happy. There was no cause to order a psychological evaluation. He also refused to admonish the parents to place the children in school because that was not in his jurisdiction. He also reprimanded the Youth Welfare Office for not doing a proper investigation.
May 19, 2007 At this time, I do not have very much background information on the Dudek family, but they are facing charges related to homeschooling their children. Unlike most of the cases so far, however, the Dudeks are homeschooling in Hessen where homeschooling is a criminal rather than administrative offense.
The following is an article from HNA online. It is not my translation:
Dudek family to go before court once again.
By Harald Sagawe
Prosecutor Herwig Muller has appealed against the verdict in the case of Rosemarie and Jürgen Dudek. The couple from the German town of Archfeld in Herleshausen was sentenced to fines at the beginning of May. In the meantime the prosecutor in Kassel has applied for jail sentences of three months each, without probation, for the parents of six children.
Rosemarie and Jürgen Dudek were sentenced because they did not send their children to school, for religious reasons. The parents, Christians who closely follow the bible, teach their children themselves. Two years ago the court had also dealt with the Dudeks. That case, dealing with the payment of a fine, had been dropped. An application for the approval of a state-recognised private school - which, according to experts, has no chance of success at any rate - has still not been decided by the school authorities.
“It’s a terrible thing, to lock up a family that hasn’t done anyone any harm,” says the accused, Jürgen Dudek.
The prosecutor, Herwig Müller, is currently on vacation. Chief prosecutor Hans-Manfred Jung confirmed the veto, but could not say anything about the reasons.
Jürgen Dudek is horrified at the idea that the prosecution wants to see him and his wife behind bars. “It’s a terrible thing, to lock up a family that hasn’t done anyone any harm,” he says, “especially now, with the legal situation looking the way it is.” He regards the matter as absurd.
The judge’s job is to pronounce a verdict and not mix himself up in administrative matters, says Arno Meissner, director of the education department. Meanwhile he makes it clear that his office will by no means leave the family in peace, not even temporarily. “We will enforce compulsory school attendance against the family as promptly as possible. First his office intends to talk with the family, then to set a time limit and if this is not met, it will once again open a criminal case against them. Not even the announcement of a move by the family will settle the matter, declared Meissner.
Meissner dismissed the criticism made by Peter Höbbel, the judge of the juvenile court, against his department. We won’t let ourselves be admonished by a judge in that way, he said. “His duty is to make a judgement when the prosecutor brings a charge and to stay out of administrative matters.” Höbbel had rebuked the education department because it has been sitting on the Dudeks’ application for the approval of a private school for two and a half years, with no decision having been made about it.
I have quite a few messages in my inbox at the moment. I don’t know if any of it is relevant, but I’ll post updates, if applicable.
Principled Discovery is a place to stop and discuss news and information related to faith, family and particularly education. Pour yourself a cup of tea and join the conversation! 
Thanks for the update. My stomach is churning after reading your last two posts. Sheesh. Sad stuff, Dana. Like I’ve said before, stop the world, I want to get off.
So, locking up *both* parents, leaving the children where, in a foster home, is their high road? This is bad stuff, and apparently all the publicity and international flurry over Melissa’s case has not improved the situation in Germany one iota.
I doubt that international pressure will do much. When was the last time you stayed up worrying about the numerous protests President Bush attracts in Germany?
Unfortunately, there is the distinct possibility that pressure from America in particular may hinder rather than help, since it comes largely from Christians, thereby strengthening the stereotypes already faced by homeschoolers.
And America holds a curious position in German public opinion…loved and hated, idolized and despised.
Melissa’s case had a better chance of attracting positive attention she was not homeschooled for religious reasons. For the outsider, that case was a little easier to think, “who knows, maybe the state is right.” After all, when there are actual abuse charges, you cannot know for sure.
This one likely will not. Although Germans are still not keen on imprisoning people. It is hard for me to imagine some solution cannot be found that would satisfy both sides. The Twelve Tribes found a solution with Bavaria, after all, and there are even American groups who consider them a cult (unlike the Baptists who are pretty mainstream here.)
Anyway, the whole umbrella school concept with inspections from the state seems like it would work well for Germany. The cases I have read seem to go out of their way to make a point they are open to any inspections, etc., they just want to educate at home. And it counters the main arguments I have heard opposing homeschooling.
The state of Baden-Wurttemberg is planning to pass a law which will enable the state to punish homeschoolers more harshly. The German states are not taking any notice of the educational freedom that is the norm in the rest of the world, but are rather becoming more restrictive.
Do you think that is a result of the attention homeschooling has gotten recently? Or are the states emboldened by the ECHR decision?
This is for scatty, in response to her latest post about finding her calling, since I can’t seem to post on her site:
Why, why, why, would a great country like Germany want to stamp out intelligent, creative people like you?? What a terrible shame. I feel like Jesus’ words “they know not what they do” would apply. I’m sure there are some fine people in decision-making positions in Germany who are nevertheless perpetuating and perpetrating some grave sins, out of fear and ignorance.
Blessings to you in your struggle,
Jennifer
Thanks Jennifer. I didn’t know it wasn’t possible to comment on my blog. I’ll check it out.
There is a case brewing in Turkey regarding a German youth who has been charged with sexual molestation of a child (he got a bit overexcited - to put it mildly - with a 13 year old British girl who was pretending to be 15 while they were on vacation in Turkey and her family laid charges against him). The same German politicians who ignore the situation of home educators here are up in arms about Turkey’s so-called “backwardness”. I just wrote a letter about this hypocrisy to the Turkish ambassador in Berlin, which I posted on my blog too.