Part I should indicate penitentiary establishments designed for persons with disabilities and actually adjusted to their needs. According to the Charter of Rights of Persons with Disabilities, adopted on 1 August 1997 by Polish Sejm34, persons with disabilities have the right to live in an environment free of functional barriers. Furthermore, on 6 September 2012 Poland ratified the Convention on the Rights of Persons with Disabilities35 adopted by the United Nations General Assembly on 13 December 2006. According to the Convention, persons with disabilities should be enabled to live independently and fully participate in all aspects of life. Both documents apply also to persons deprived of their liberty and their environment at the place of imprisonment. In addition, according to the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules)36, prison administrations shall make all reasonable accommodation and adjustments to ensure that prisoners with physical, mental or other disabilities have full and effective access to prison life on an equitable basis. Determination of conditions in which disabled persons should serve sentences of deprivation of liberty or undergo preventive measures in the form of pre-trial detention has become an important issue to be resolved by the ECHR. Failure to comply with the aforementioned rules of dealing with this category of prisoners may lead to allegations of violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms37. In its judgment on the case D.G. v. Poland38 the Court pointed out that architectural barriers existing in Polish penitentiary establishments may generate the feeling of suffering in disabled prisoners39. Furthermore, the ECHR has repeatedly criticized the system whereby a physically disabled prisoner should, as a rule, be assisted by other prisoners, as this must give rise to the disabled prisoner’s concern and place him/her in a position inferior to other prisoners40. If the authorities decide to deprive a disabled person Monitor Polski official journal of 1997, no. 50, item 475. Dz. U. of 2012, item 1169. 36 Adopted by Resolution no. 2015/20 of the UN General Assembly. The Rules, translated into Polish, are available on the CHR website. 37 Dz. U. of 2010, no. 90, item 587, as amended; Article 3 of the Convention provides that no one shall be subjected to torture or other inhuman or degrading treatment or punishment. 38 Application no. 45705/07, judgment of 12.02.2013. 39 see also: Arutyunyan v. Russia (application no. 48977/09, judgment of 10.01.2012), and Cara-Damiani v. Italy (application no. 2447/05, judgment of 7.02.2012). 40 Cf. Farbtuhs v. Latvia (application no. 4672/02, judgment of 2 December 2004), and Vincent v. France (application no. 6253/03, judgment of 24.10.2006). 34 35 25