whenever domestic law assigns a judicial task to a judicial body. This right, in addition to the principles mentioned in the second sentence of Article 14(1), those of equal access and equality of arms, ensures that the parties to the proceedings in question are treated without discrimination. (See Human Rights Committee, General Comment No. 32 §7, 8). 175. The right to equality before the courts also ensures equality of arms. This means that the same procedural rights must be provided to all parties, unless the distinctions are based on law and can be justified on objective and reasonable grounds and do not entail actual disadvantage or other injustice to the defendant. (See Human Rights Committee, General Comment No. 32 §13,14). 176. Paragraph 3 (b) provides that accused persons should be given time and facilities for the preparation of his defense and to communicate with the counsel of his own choice. This provision is an important element of ensuring a fair trial and an application of the principle of equality of arms. (See Human Rights Committee, General Comment no. 32, §32; Comm. No. 282/1988, SMITH v. JAMAICA , para. 10.4) 177. “Adequate means” must include access to documents and other evidences, and the right to communicate with counsel requires that the accused receive prompt access to his counsel. The counsel must be able to meet his clients privately and communicate with the accused under conditions that fully respect the confidentiality of their communications. (See Human Rights Committee, General Comment No. 32, §33 e 34). 178. As can be seen, the articles mentioned refer to the right to a fair trial, which includes the right of defense before the courts. 179. However, as stated above, the facts reported by the Applicant, the nondisclosure of the USB key, the refusal to postpone the hearing within one 46