The infrastructure of penitentiary institutions is not suited to the necessities of people with locomotor disabilities. The refusal in reasonable accommodation to the needs of the detainee with disabilities by the Prison Administration 13 was founded by the Council for equality in Decision No. 155 of 11.12.2014. Later the detainee addressed to the European Court of Human Rights, which found the violation of art. 3 by undue delay in conducting investigations to establish the inmate's hepatitis C contamination, non-investi-gation of complaints of hepatitis C contamination in the prison system, and inadequate medical care. This decision is a crucial one in the case law of the Equality Council, being one of two councils’ decisions men-tioned in the case law of the ECtHR. In this study, we analyzed the violations found by the Equality Coun-cil, the failure of positive obligations by the authorities, the reasonable non-accommodation of the condi-tions of detention to the needs of the person with locomotor disabilities from childhood and the non-gran-ting of the pension for persons with disabilities during their deprivation of liberty. In order to prevent the repetition of these violations in the future, we formulated the recommendations of the relevant authorities focused on improving the conditions of detention of persons with disabilities in penitentiary institutions.