Justyna Wydrzyńska found guilty of aiding an abortion, sentenced to 8 months of community service
On 14 March 2023, at its sixth and final hearing Warsaw Praga Południe District Court convicted woman human rights defender Justyna Wydrzyńska of “aiding to perform abortion” and sentenced her to 8 months of community service for 30 hours a month.
On 6 February 2023, the fifth hearing in Justyna Wydrzyńska’s case took place, where the woman who received the abortion pills gave her testimony. The court closed the hearing to the public for the duration of the examination of two witnesses, including the woman who took pills from Justyna Wydrzyńska.
On 11 January 2023, the fourth hearing in the trial of Justyna Wydrzyńska took place in Warszawa-Praga District Court.
On 14 October 2022, the third hearing of woman human rights defender Justyna Wydrzyńska took place in Praga District Court of Warsaw.
On 14 July 2022, the second hearing of woman human rights defender Justyna Wydrzyńska was adjourned by the Praga District Court in Warsaw until 14 October 2022. The case was not heard because the witness of accusation did not not appear in court. The woman human rights defender is charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law. If convicted, she faces up to three years in prison.
On 8 April 2022, Warsaw Praga Południe District Court will consider the case of woman human rights defender Justyna Wydrzyńska. She has been charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law. If convicted, she faces up to three years in prison.
Justyna Wydrzyńska is woman human rights defender and founder of the website Women on the Net, Poland’s first online forum supporting women seeking safe abortions, contraception or sex education. She currently works with Abortion Dream Team (ADT), a grass roots initiative of four women human rights defenders who came together in October 2016 with the goal of providing direct and immediate assistance to women who needed abortions.
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- 16 March 2023 : Justyna Wydrzyńska found guilty of aiding an abortion, sentenced to 8 months of community service
- 13 February 2023 : Fourth and fifth hearings in case of woman human rights defender Justyna Wydrzyńska
- 21 November 2022 : Woman human rights defender Justyna Wydrzyńska’s case adjourned to 11 January 2023
- 18 July 2022 : New hearing in Justyna Wydrzyńska’s case is scheduled for 14 October 2022
- 30 March 2022 : Judicial harassment of woman human right defender Justyna Wydrzyńska
On 14 March 2023, at its sixth and final hearing Warsaw Praga Południe District Court convicted woman human rights defender Justyna Wydrzyńska of “aiding to perform abortion” and sentenced her to eight months of community service for 30 hours a month.
In 22 November 2021, she was charged with aiding an abortion under article 152.2 of the Polish Penal Code and “possession of unauthorised drugs with the aim of introducing them to the market” under Article 124 of the Pharmaceutical Law. In 2020, Justyna Wydrzyńska provided abortion pills to a woman who was carrying an unwanted pregnancy. When the woman’s partner found out, he reported Justyna Wydrzyńska to the police.
The supporters of the woman human rights defender gathered in front of the courthouse carrying banners with the slogan “I am Justyna” before the hearing. Anti-abortion groups were also present, accompanied by a truck carrying a billboard with a photo showing a dead fetus and the slogan “Abortion pills kill”.
During the hearing, the prosecutor asked the court to sentence the woman human rights defender with 10 months of community service and 10,000 PLN (approx 2125 EUR). The anti-abortion organisation Ordo Iuris who joined the case as amicus curiae asked for a heavier sentence of one year imprisonment for the woman human rights defender. When Justyna Wydrzyńska’s lawyers objected, arguing that the organisation isn’t entitled to comment on the judgement, the organisation responded saying that it was not a formal request but rather a statement of the position of the organisation.
In her closing statement, the woman human rights defender stated, “for me this trial is symbolically a trial for anyone who ever provided support to a person in need. I feel I do not stand here alone.”
She told the court that she had the support of many human rights organisations with expertise in their field who define her as a human rights defender and they and many others appealed to the court to not to prosecute her. She added, “I believe that helping another person who asks for support as they fight for their freedom is our duty. It is what makes us human. And I will not abandon it, I will not be ashamed of it or believe that it is a crime.”
She finished her statement saying that it is the State who was guilty for abandoning women across the country and she asked for her acquittal.
Following the verdict, the woman human rights defender and her lawyers announced that they will appeal the decision.
On 6 February 2023, the fifth hearing in Justyna Wydrzyńska’s case took place, where the woman who received the abortion pills gave her testimony. The court closed the hearing to the public for the duration of the examination of two witnesses, including the woman who took pills from Justyna Wydrzyńska. The interrogations lasted approximately 2.5 hours and the hearing ended without a verdict, as an individual fainted during the hearing and the case had to be adjourned. The next hearing is scheduled for 14 March 2023, where a final verdict is expected.
At the beginning of the fifth hearing, a motion was filed by Justyna Wydrzyńska's lawyer to exclude the ultra-conservative anti-choice catholic organisation, Ordo Iuris, as amicus curiae from the case, alleging that the organisation unlawfully disclosed the data of the woman who took the pills from Justyna Wydrzyńska. A representative of Ordo Iuris argued that the social media post did not reveal the woman’s data, and if the post with her name appeared for a moment on the publication, it was a mistake of an employee of the organisation. The court did not accept the motion by Justyna Wydrzyńska's lawyer, and Ordo Iuris remained as amicus curiae in the hearing.
A new evidence request to include the organisation Abortion Dream Team’s media interviews was also submitted by the prosecutor's office, which the organisation only discovered on the morning of the fifth hearing. Such evidence should not be introduced into the case, as it is a violation of the judicial procedure.
On 11 January 2023, the fourth hearing in the trial of Justyna Wydrzyńska took place in Warszawa-Praga District Court. The woman human rights defender is being accused of assisting in an abortion and faces three years in prison. This is the first such case in Poland where a human rights defender has been accused of assisting with an abortion. The witness and partner of the woman who received the pills, who reported the transferral of the pills to the police, appeared at the fourth hearing to give his testimony.
On 14 October 2022, the third hearing of woman human rights defender Justyna Wydrzyńska took place in Praga District Court of Warsaw.
The witnesses did not appear at the Court again, and therefore financial penalties were imposed on them for failing to appear, however, the fine may be waived if they excuse their failure to appear. The trial was postponed again due to the need to hear witnesses and supplement the evidence. The next court hearings are to be held on 11 January 2022 at 09:30 and on 6 February 2022 at 09:30.
On 14 July 2022, the second hearing of woman human rights defender Justyna Wydrzyńska was adjourned by the Praga District Court in Warsaw to 14 October 2022 because the witness of accusation did not appear in court.
The first trial of the woman human rights defender was on 8 April 2022 at Praga District Court of Warsaw. On 22 November 2021, the woman human rights defender was charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law. If convicted, she faces up to three years in prison.
On 14 July 2022, the second hearing of woman human rights defender Justyna Wydrzyńska was adjourned by the Praga District Court in Warsaw until 14 October 2022. The case was not heard because the witness of accusation did not not appear in court. The woman human rights defender is charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law. If convicted, she faces up to three years in prison.
The first hearing took place on 8 April 2020, at Praga District Court of Warsaw. During the hearing, Ordo Iuris, an ultra-conservative anti-choice catholic organisation was allowed to act as amicus curiae to support the prosecution by the judge, claiming to protect the interest of the fetus and its successors. Justina Wydrzyńska received the support of 94 members of the European Parliament, who signed a letter to the Polish government calling for the charges to be dropped. The International Federation of Gynecology and Obstetrics published a statement demanding that her charges be dropped along with petitions, letters and demonstrations from numerous international and Polish human rights organisations. Four UN special rapporteurs also called on the Polish authorities to drop charges against Justyna Wydrzyńska.
On 8 April 2022, Warsaw Praga Południe District Court will consider the case of woman human rights defender Justyna Wydrzyńska. She has been charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law. If convicted, she faces up to three years in prison.
Justyna Wydrzyńska is woman human rights defender and founder of the website Women on the Net, Poland’s first online forum supporting women seeking safe abortions, contraception or sex education. She currently works with Abortion Dream Team (ADT), a grass roots initiative of four women human rights defenders who came together in October 2016 with the goal of providing direct and immediate assistance to women who needed abortions.
In 2020, at the start of the COVID-19 pandemic when Poland’s postal service suspended international packages, Justyna Wydrzyńska provided her own abortion pills to a woman with an unwanted pregnancy, who had reportedly been prevented by her husband from travelling to an abortion clinic abroad. After she received the abortion pills, the woman’s husband reportedly called the police. On 22 November 2021, the woman human rights defender was charged with 'helping in the performance of an abortion' on the basis of Article 152.2 of the Polish Penal Code, and 'possession of unauthorised drugs with the aim of introducing them to the market' under Article 124 of the Pharmaceutical Law.
Justyna Wydrzyńska’s first hearing will take place on 8 April 2022 in the Warsaw Praga Południe District Court. This is the first case in Europe of a human rights defender being charged with aiding an abortion by providing pills. If convicted, Justyna Wydrzyńska faces up to three years’ imprisonment.
In October 2020, the politically-compromised Constitutional Tribunal in Poland restricted abortion even further and ruled that abortions on the ground of “severe and irreversible foetal defect or incurable illness that threatens the foetus’ life,” are unconstitutional. In the first year following the ruling, AWB has helped 34,000 people from Poland access safe abortions.
Members of ADT have previously been targetted for work in the defence of reproductive rights. In October 2020, an anti-choice group co-opted a magazine cover featuring the founders of ADT, labelling them an “Abortion Killing Team” and used the image alongside that of a dead infant on billboards and on a truck that drove around Warsaw. In March 2021, another anti-choice group reported ADT to the regional prosecutor’s office in Gdansk for allegedly persuading women online to have abortions and committing “genocide.”
