ill. As a result, they either treat them in exactly the same way as everyone else, saying that they do not need anything, no special accommodations, they are just criminals. Or they treat them as if they are total lunatics and do not present them with any information that they need, they do not present them the case or what they are going to do with them in a way that is tailored to them.”126 The only potential procedural accommodation identified was that if it is found that the defendants are unable to defend themselves, the court will appoint an ex officio lawyer to defend them for the continuation of the criminal proceedings until the judgment becomes final.127 However, according to a judge, cases where such grounds for mandatory defence are recognised are rare.128 Usually the court appoints an ex officio lawyer when other legally prescribed conditions are fulfilled, such as the defendant is subject to pretrial detention or if the proceedings are taking place regarding a criminal offence that is punishable by imprisonment of eight years or a more severe sentence.129 That the law does not provide for any regulation or measures intended for defendants and detained with psychosocial and/or intellectual disabilities stemming from their vulnerability, was also identified by some of our other interviewees. The Human Rights Ombudsman has encountered cases which have shown that if a person does not have relatives, parents or others around him who then take care of them and seek additional help (e.g. legal aid) they do not receive any protection in practice.130 “We had a case in which we were approached by the mother of one of these defendants, who was criminally responsible, but who had mental health problems. It was the mother who made sure that he was able to exercise the rights that he was otherwise entitled to in a timely and proper manner. She found him a lawyer herself, because it was not a case of mandatory defence […] As far as the Ombudsman is concerned, I have to say that we receive few petitions in this area, which is not surprising, because we know that it is 126 Interview with a representative of an NGO that is representing persons with psychosocial disabilities. 127 Article 70(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 128 Interview with a judge. 129 Article 70 of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 130 Interview with the representative of the Human Rights Ombudsman. 44