Schöps 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. An accused should be given a sufficient opportunity to take cognisance of statements and other pieces of evidence underlying an arrest warrant and detention order irrespective of whether the accused was able to provide any indication as to the relevance for his defence of the pieces of evidence to which he sought access.