of the communication is inadmissible under article 2 of the Optional Protocol. 7. The Human Rights Committee therefore decides: 6.4 In the light of the conclusions reached above, the Committee need not address the State party’s arguments related to article 5, paragraph 2 (a), of the Optional Protocol and the possible application of the State party’s reservation to that provision. (a) That the communication is inadmissible under article 1 and 2 of the Optional Protocol; (b) That this decision shall be communicated to the State party and to the author of the communication. Communication No. 1138/2002 Submitted by: Arenz, Paul (deceased); Röder, Thomas and Dagmar (represented by William C. Walsh) Alleged victim: The authors State party: Germany Declared inadmissible: 24 March 2004 (eightieth session) Subject matter: Exclusion from a political party on grounds of religious beliefs 18, 19, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights. They are represented by counsel. Mr. Arenz passed away in February 2004. Procedural Issues: State party’s reservation - Locus standi - Re-evaluation of findings of fact and application of domestic legislation - Nonsubstantiation of claim The facts as submitted by the authors 2.1 On 17 December 1991, the Christian Democratic Union (CDU), one of the major political parties in Germany, adopted resolution C 47 at its National Party Convention, declaring that affiliation with Scientology is not “compatible with CDU membership”. This resolution still continues to operate. Substantive Issues: Right to take part in the conduct of public affairs - Freedom of association Freedom of expression - Freedom of thought, religion and belief - Discrimination on ground of religion - State party’s obligation to ensure the rights recognised in the Covenant Articles of the Covenant: 2, 18, 19, 22, 25, 26 and 27 2.2 By letter of 22 September 1994, the chairman of the municipal branch of the CDU at Mechernich (Northrhine-Westphalia), with the subsequent support of the Federal Minister of Labour and regional party leader of the CDU in NorthrhineWestphalia, asked the first author, a long standing CDU member, to terminate his membership in the CDU with immediate effect by signing a declaration of resignation, stating that he had learned of the first author’s affiliation with Scientology. When the latter refused to sign the declaration, the Euskirchen CDU District Board decided, on 17 October 1994, to initiate exclusion proceedings against him, thereby stripping him of his rights as a party member until the delivery of a final decision by the CDU party courts. Article of the Optional Protocol: 2 1. The authors of the communication are Paul Arenz (first author) and Thomas Röder (second author), as well as his wife Dagmar Röder (third author), all German citizens and members of the “Church of Scientology” (Scientology). They claim to be victims of violations by Germany1 of articles 2, 1 The Covenant and the Optional Protocol to the Covenant entered into force for the State Party on 23 March 1976 and 25 November 1993 respectively. Upon ratification of the Optional Protocol, the State Party entered the following reservation: “The Federal Republic of Germany formulates a reservation concerning article 5 paragraph 2 (a) to the effect that the competence of the Committee shall not apply to communications (a) which have already been considered under another procedure of international investigation or settlement, or (b) by means of which a violation of rights is reprimanded having its origin in events occurring prior to the entry into force of the Optional Protocol for the Federal Republic of Germany (c) by means of which a violation of article 26 of the [said Covenant] is reprimanded, if and insofar as the reprimanded violation refers to rights other than those guaranteed under the aforementioned Covenant.” 39