Garcia Alva / Lietzow v. Germany

Abstract

Equality of arms is not ensured if counsel is denied access to those documents in the investigation file which are essential in order effectively to challenge the lawfulness of his client's detention. In view of the dramatic impact of deprivation of liberty on the fundamental rights of the person concerned, proceedings conducted to review detention should in principle meet, to the largest extent possible under the circumstances of an on-going investigation, the basic requirements of a fair trial, such as the right to an adversarial procedure. The legitimate goal of an efficient investigation could not be pursued at the expense of substantial restrictions on the rights of the defence.