A/59/40 v. II (HRC 2004) ¶548 Paul Arenz and Thomas and Dagmar Röder v. The Federal Republic of Germany (Communication No.1138/2002) was a case decided by the UN Human Rights Committee in 2004.

In 1991, the Christian Democratic Union declared affiliation with Scientology incompatible with CDU membership.

The committee has rejected Germany's objections that the case was inadmissible due to decisions being taken by a party, not by state (Para.

The Committee recalls its constant jurisprudence that it is not a fourth instance competent to reevaluate findings of fact or reevaluate the application of domestic legislation, unless it can be ascertained that the proceedings before the domestic courts were arbitrary or amounted to a denial of justice.

(..) the authors have failed to substantiate, for purposes of admissibility, that the conduct of the courts of the State party would have amounted to arbitrariness or a denial of justice.