82In that regard, first, it should be noted that it is not apparent from the documents in the file that the Council ascertained the extent to which a decision, such as the decision in this case, which is not open to appeal, is consistent with Article 42 of the Code of Criminal Procedure, which is expressly referred to in the section of the contested acts that deals with the rights of the defence and the right to effective judicial protection (see paragraph 74 above), in accordance with which a suspect has the right to ‘challenge decisions, actions and omissions by the investigator, the public prosecutor and the investigating judge’.