On the expressed Opinion of a government spokesman
The spokeswoman for the district governement of Donau-Ries commented on the disciplinary complaint and the complaint of the parents of the Twelve Tribes against the responsible persons of the Jugendamt (Youth Office) with the words, that the Twelve Tribes are just exploiting all means to retrieve their children.
The reason for the (criminal) charges however, is based on the fact that the runaway children who have returned to their parents, have made incriminating statements regarding their treatment and experiences in the homes, foster homes and institutions, which obviously violated their fundamental human rights.
Violating such basic constitutional rights of any, even unpopular groups such as ours, violates the rights of all. It establishes precedents that governments always continue to act upon: “We did it against the Twelve Tribes, and we can do it against you, too!”
The privacy of correspondence falls under the fundamental rights of a citizen of the Federal Republic of Germany.
There is a law that restricts the secrecy of correspondence.
This law authorizes the constitution protection authorities of the Federal and State Governments, the Military Counterintelligence Service and the Federal Intelligence Service (BND) under certain circumstances, for the monitoring and recording of telecommunications and the opening and evaluation of the letter or postal secrecy underlying shipments.
As far as we are aware, it has not been any of these authorities has opened the letters from the parents or children of the Twelve Tribes, but officials from the district office. Thus a clear offense in relation to the secrecy of communication of the persons concerned is the case.
Deprivation of liberty:
The offense is in its basic form a misdemeanor with a penalty of up to five years’ imprisonment or a fine. Since 1998 in Germany, the attempt alone is a criminal offense (§ 239 paragraph 2 of the Criminal Code).
With § 239 para 3 No 1 StGB a qualification is introduced,which in the case of a detention that lasts longer than a week, calls for an increased penalty of one year up to ten years imprisonment. This qualifies as a crime.
One of the young girls who was forcibly returned to German foster care from Switzerland, where she was living as a Swiss citizen with her grandmother, was kept locked up for over a week in the home.
Obviously, here is a rough violation before in the case of deprivation of liberty. Our intention is not to “exploit all means” – the fundamental rights of the persons concerned have been grossly violated. If we do not have fundamental rights that the government protects, does anyone?
The Basic Law of Germany
The basis of all law appears in each nation’s constitution. Reflecting this, the German Constitution is even called the Basic Law. Is this a name only or a reality? An ornament of beauty but not of substance to the German people?
Written in Article 1 of the Basic Law is the following:
1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
( 2) The German people therefore acknowledge inviolable and inalienable Human rights as the basis of each human community, of peace and justice in the world.
( 3) The following basic rights bind the Legislature, the Executive and the Judiciary as directly applicable Law.
By law, it would be the obligation of public authorities to file charges in such serious disregard of the fundamental laws against those responsible people. Since such criminal offenses are obviously the case here, against us, prosecuting the offenders would be a completely normal procedure. It would safeguard all Germans against the encroachment of government power.
Since this has not happened, we were forced to do so.
The lawsuit which was introduced during this time against some parents of the Twelve Tribes has been assessed and adjusted for lack of evidence. But we do not know who has filed a complaint at the time.
Some people think that the Twelve Tribes oppose the law and to laws simply do not pay attention. Have you ever had such thoughts about the officials of the German district offices? Are they paying attention to the laws they are sworn to uphold?
Do the government officials have other rights than the “little citizens”? Is this in conformance with the principle of equality: “All persons are equal before the law” in Article 3 (1) of the Basic Law?
“No one may be prejudiced or favored because of his sex, his parentage, his race, his language, his homeland and origin, his faith, or his religious or political opinions. No one shall be discriminated against because of his disability.” Article 3 (3) of the Basic Law.
We are being treated in a prejudicial way because of our faith and religious opinions. This is a matter of open public record. To dismiss our case with the statement, “They are exhausting all means simply to get their children back” holds monstrous dangers.
If this arbitrariness of the government will not stop, all citizens of this country will be deprived of one day of their fundamental rights.
The fact that we are dealing here with the special case of a “cult” is a misconception. According to authorities, the children should be protected. Does the protection of a person consist nowadays in depriving him of his basic rights?
Is it not the case here, that the person has to be protected from the state? How can it be that the threshold of fundamental rights violations by government officials has dropped so low? If the individual citizen is not fighting for their basic rights, he will lose them all.
September 5th 2013
Even for a collective child abduction there is no legal basis. But there was no outcry among the population.
Today us – tomorrow you.
All history shows that once a state has tasted powers hitherto forbidden, an appetite is actually created to exercise such power. This appetite proves irresistible. Even German history shows this very vividly.