79 rights the law provides the accused, which basically amount to the possibility of seeking and providing evidence, disputing evidence connected with the case, and challenging decisions that are made. These elements of a defense, along with any others provided under domestic law, should be used properly by the defense, which should act diligently and effectively in the proceedings in order to ensure not only that the rights of the accused are respected, but also that the decisions handed down in the case are in line with the law and with 283, 284 justice. 194. Regarding the imposition of pretrial detention, as will be seen below, the simple fact that a person facing a criminal trial is under the custody of the State and is not at liberty, places him at a procedural disadvantage. The problems faced by the accused in organizing his defense increase when pretrial detention is prolonged excessively. 195. During the preliminary stages leading up to the possible imposition of pretrial detention, it is vital for the defense team to have timely access to all the relevant documents on which the decision is to be based. In addition, as already noted, it is essential that resolutions ordering or extending pretrial detention be duly grounded, so that the defense team can clearly and precisely assess the reasons and appraisals on which those decisions are based. 196. Regarding the quality of defenders’ work, it is essential that their arguments comply with the principles and criteria governing the ordering of pretrial detention that apply in the specific case. Thus, as with judges, they may not merely invoke provisions or pre-established legal formulas mechanically. Instead, they must be able to provide specific information and arguments to offer the judge reliable reasons for preserving the accused’s liberty. They would also have to provide specific arguments regarding the factual conditions making inapplicable those precautionary measures that are not necessary or proportional in the given case, as well as arguments regarding the legal duration of pretrial detention in those cases in which it is admissible. 6. Judicial oversight and resources 197. One fundamental principle established in the Inter-American system is that for a remedy to be effective, “it must be truly effective in establishing whether 283 IACHR, Press Release 76/11 – IACHR Recommends Adoption of a Comprehensive Public Policy on Prisons in Uruguay, Washington, D.C., July 25, 2011, Annex, available at http://www.oas.org/en/iachr/media_center/PReleases/2011/076A.asp, para. 53. 284 In this regard, the United Nations Basic Principles on the Role of Lawyers are relevant, particularly Principle 14, which provides as follows: “Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.”