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Poland: Decision to retry activist prosecuted for aiding an abortion should be shown 'compassion'

Justyna speaking to media

Justyna Wydrzyńska on trial for supporting a victim of domestic violence

Poland has one of the most restrictive abortion laws in Europe

‘Justyna should have never been put on trial in the first place because what she did should never be a crime’ - Esther Major

Following today’s Court of Appeal’s decision to refer the case of activist Justyna Wydrzyńska, for helping a pregnant woman to access abortion pills back to a lower instance court, Esther Major, Amnesty International's Deputy Director for Research in Europe, said:  

"Today’s findings that the composition of the judges in the first instance court meant that Justyna Wydrzyńska did not have a fair trial gives the Prosecutor’s office the opportunity to withdraw the charges against her. 

“Justyna should have never been put on trial in the first place because what she did should never be a crime. By supporting a woman who asked for help, Justyna showed compassion. By defending the right to safe abortion in Poland, Justyna showed courage. The Prosecutor’s office should now show the same.”   

Helping a woman in need

In 2020 Justyna Wydrzyńska – a doula and one of the founders of the civil society organisation Abortion Dream Team – helped a pregnant woman who said she had been suffering from domestic violence to access abortion pills. 

On 22 November 2021, she was charged with “helping with an abortion” and “possession of medicines without authorisation for the purpose of introducing them into the market”.

In March 2023, she was convicted of abetting an abortion and was sentenced to eight months of community service. 

The court found today that Justyna didn’t have a fair trial as the judge in first court instance was not independently appointed.  

Poland has one of the most restrictive abortion laws in Europe. Abortion is only legal when the health or the life of the pregnant person is at risk or when the pregnancy is the result of rape or incest. Performing your own abortion or possession of abortion pills for a self-managed abortion is not a crime under Polish law, but any person or doctor who helps pregnant people with an abortion outside the two permitted grounds in the law may face up to three years in prison. 

Take action here https://www.amnesty.org.uk/actions/JusticeforJustyna

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