In the case in question, M.P. v. Poland, the European Court of Human Rights (ECtHR) ruled on the Polish government’s unilateral declaration acknowledging a breach of the applicant’s rights guaranteed by the European Convention on Human Rights.

Poland admits rights violation

The case concerned the applicant's son, who claimed he was raped by his therapist. The therapist was acquitted mainly for the reason that the courts recognize the testimony of applicant's son as unreliable due to his intellectual disability.

"In its declaration, the Polish government acknowledged a violation of a procedural requirement that is laid down by Article 3, which prohibits torture and other inhuman or degrading treatment or punishment. In the course of the investigation, the responsible body did not take sufficiently into account that the victim of the alleged offense was a person with intellectual disabilities. The Polish government has admitted to breaching the Convention on Human Rights and will pay the applicant 40,000 euros," explains Katarzyna Wisniewska, the coordinator of the Litigation Program at the Helsinki Foundation for Human Rights (HFHR).

Non-governmental organizations from different European countries, including the Mental Disability Advocacy Centre in Budapest (MDAC) and HFHR, submitted amicus curiae briefs in the proceedings.

"In our brief, we have given, among other things, an analysis of Polish and international standards in the field of legal and practical access for people with intellectual disabilities to court proceedings, including preliminary proceedings. We pointed out that there are no concrete measures in the Polish criminal law system that take into account the specific needs of people with disabilities and protect them from secondary victimization," adds Marcin Szwed, a lawyer for the HFHR.

Must 'strengthen awareness'

In addition to the amicus curiae briefs, the HFHR also drew attention to the situation of people with intellectual disabilities in court proceedings in its appeal to the minister of justice in November 2015, which included a request for the introduction of appropriate facilities for persons with an intellectual disability.

"The decision issued by the ECtHR in the case M.P. v. Poland could potentially lead to the introduction into Polish proceedings, in particular criminal proceedings, of positive changes regarding the needs of people with intellectual disabilities who act as witnesses or are victims of crimes. However, such changes cannot be limited only to the content of the law. It is also necessary to strengthen awareness among judges and prosecutors that people with intellectual disabilities are vulnerable to unfounded disregard of their reactions in the proceedings," says lawyer Michał Kopczyński of the HFHR.