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
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