ganised crime and involving numerous defendants, the process of gathering and hearing evidence is often a difficult task, as it is necessary to obtain voluminous evidence from many sources and to determine the facts and degree of alleged responsibility of each of the co-suspects (see, mutadis mutandis, {Laszkiewicz} v. Poland, No. 28481/03, §§ 59 and 61, 15 January 2008). However, it has already found in similar circumstances that the complexity of the case, the number or the conduct of the defendants could not justify more than five years' detention pending investigation and trial (see Erdem v. Germany, No. 38321/97, § 46, ECHR 2001-VII).
71. There has therefore been a violation of Article 5 § 3 of the Convention.
II. Alleged violation of Article 5 § 4 of the Convention
72. The applicant complained that he had been refused access to the materials submitted by the prosecution in support of their requests for an extension of his detention and that the hearing of 22 December 2005 had been held in his absence. The Court considers that those complaints fall to be examined under Article 5 § 4, which provides:
"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."
1. The alleged refusal of access to the materials
73. The Government submitted that all materials submitted by the prosecutor had been examined by the court during the remand hearings in the presence of the applicant and his counsel. Neither the applicant nor his counsel had requested additional access to the file.
74. The applicant maintained his claims.
75. The Court reiterates that arrested or detained persons are entitled to a review bearing upon the procedural and substantive conditions which are essential for the "lawfulness", in the sense of the Convention, of their deprivation of liberty. This means that the competent court has to examine "not only compliance with the procedural requirements set out in domestic law but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention". A court examining the lawfulness of detention must provide guarantees of a judicial procedure. The proceedings must be adversarial and must always ensure "equality of arms" between the parties, the prosecutor and the detained person. 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 (see Nikolova v. Bulgaria [GC], No. 31195/96, § 58, ECHR 1999-II, and Lamy v. Belgium, 30 March 1989, § 29, Series A No. 151). While national law may satisfy the requirement of "equality of arms" in various ways, whatever method is chosen should ensure that the other party will be aware that observations have been filed and will have a real opportunity to comment thereon (see Garcia Alva v. Germany, No. 23541/94, § 39, 13 February 2001).
76. The applicant in the present case did not allege that he had not received copies of the prosecutor's requests for extension. Nor did he claim that he had been denied an opportunity to comment on them. The thrust of his complaint was directed against the domestic court's alleged refusal to grant him access to the materials which formed the basis for the prosecutor's requests for extension. The Court is, however, not convinced by the applicant's allegation. It was examined and rejected by the Regional Court which noted that it had at its disposal only the materials from the criminal case file and that that file had been studied by the applicant (see paragraph 37 above). The applicant did not submit any evid
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