  That the detainee has an opportunity to be heard within a reasonable time; and That the detainee has the right of access to a lawyer. The situation of detainees in Guantanamo Bay has been condemned by numerous international and regional human rights bodies.687 L. Equality of arms 109. This principle requires that each party should be able to present their 688 case and to contest the arguments brought by the other.689 This also relates to equality in how the case is presented, a particularly important issue in criminal trials. The adversarial nature of the trial is therefore important 690 and documentary evidence should be able to be challenged.691 110. It applies to both criminal and civil proceedings 692 and applies to issues throughout the proceedings.693 It also entails the ability of both the defendant and the prosecutor to appeal a decision.694 111. Parties should have access to and disclosure of documents and evidence and materials that each side plans to present in court.695 112. The prosecution plays a crucial role in ensuring the fairness of proceedings696 and has a duty to disclose all its evidence to the defence.697 The right to call witnesses and cross examination 113. The right includes the ability to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.698 The accused 687 See E/CN.4/2006/120; more recently, Human Rights Committee, Concluding Observations: USA, 23rd April 2014: CCPR/C/USA/CO/4. 688 Communication 1386/2005, Gueorguiev v Spain, 24 July 2007, para 6.3. See also before the European Court, Steel and Morris v the United Kingdom [2005] ECHR 103, para 59. 689 Communication 779/1997, Äärelä and Näkkäläjärvi v Finland, 24 October 2001, a 7.4. 690 Rowe and Davis v the United Kingdom [2000] ECHR 91, para 60. 691 Communication 846/1999, Jansen-Gielen v the Netherlands, 3 April 2001, para 8.2. 692 General Comment No.32, CCPR/C/GC/32 (2007), para 13. 693 Human Rights Committee, Communication No.1348/2005, Dudko v Australia, para 7.4. 694 Communication No.1086/2002, Weiss v Austria, 3 April 2003, para 9.6. Communication no.223/1987, Robinson v Jamaica, 30 March 1989, para 10.4 695 Concluding Observations by the Human Rights committee on Canada, CCPR/C/CAN/CO/5, para 13. HRC Communication 1117/2002, Khomidova v Tajikistan, 29 July 2004. 696 Guidelines on the Role of Prosecutors, which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990. 697 Communication 14448/88, Dombo Beheer B.V. v. The Netherlands, 27 October 1993, para. 33; European Court, McMichael v UK, [1995] ECHR 8. 698 Article 14(1), (3)(e) ICCPR. Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 39; Communication 1623/2007, Guerra de la Espriella v Colombia, 18 March 2010. Communication 911/2000, Nazarov v Uzbekistan, 6 July 2004, para 6.3. 119