III – ACCESS TO THE CASE FILE A. THE ISSUE One of the issues most commonly identified in Fair Trials discussions with practitioners is the problem arising from lack of or restricted access, at the pre-trial stage, to the material evidence which is uncovered by investigative authorities. There are several problems reported:     At the point of initial questioning by police and/or judicial investigators, neither the suspect nor his counsel has access to the case file, with the result that the suspect cannot fully assess the state of the evidence; this compromises the effectiveness to the right to legal assistance provided by Article 6(3)(c) ECHR and the Access to a Lawyer Directive; In some jurisdictions, access to the case file may be restricted during the investigative phase of the proceedings, either as a rule or by application of exceptional powers available to prosecutors which are routinely used and insufficiently controlled by the courts; Both of the above issues have an adverse effect upon the possibility of challenging detention, as it is neither possible to contest the justification for arrest nor to challenge detention effectively before a judicial authority; When access to the case file is provided, there are difficulties in terms of the manner in which access is provided. In some cases, only the lawyer can hold a copy of the file; in others, access can be provided to the client but the file must be photocopied, often at significant cost. In other cases, we have heard of restrictions on the ability even to take notes, making it impossible for the client and lawyer to discuss the content of the documents in question effectively. B. THE ECHR BASELINE The issues surrounding access to the case file arise (expressly or by implication) in the cases relating to Articles 6(3)(a), (b) and (c) ECHR. These provide, so far as relevant here: 3.Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance (…); The ECtHR has developed principles relating to the issue of access to the case file based on these articles, the content of which is somewhat difficult to delineate clearly. 1. Access to the case file at the pre-trial stage The ECtHR has, first of all, spoken of the link between the obligation to provide information about the accusation under Article 6(3)(a) and the disclosure of the linked evidence, stating: 32