Polish court orders retrial in landmark abortion case

Polish appeals court has ordered the retrial of a woman found guilty of helping terminate a pregnancy, in what could be a landmark case in Poland

By Jo Harper

WARSAW (AA) - A Polish appeals court on Thursday ordered the retrial in the case of a woman found guilty of helping another woman terminate her pregnancy, overturning “the contested judgment in its entirety” and referring the case for reconsideration by a district court.

Justyna Wydrzynska was sentenced to community service in 2023.

The activist from the Abortion Dream Team, a grassroots initiative that provides assistance to women in need of safe terminations of pregnancy, was found guilty of helping another woman by sending her abortion pills during the COVID-19 pandemic. Wydrzynska was sentenced to eight months of community service.

Judge Rafal Kaniok on Thursday cited doubts over the impartiality of the presiding judge who delivered the sentence in 2023.

Prime Minister Donald Tusk’s governing party, the Civic Platform, has not put together enough support in parliament to push through its pre-election pledge to ease Poland’s abortion laws.

Women can get an abortion in a hospital only if the pregnancy results from sexual assault or incest or poses a direct threat to the life or health of the mother. Abortion assistance is punishable by up to three years in jail.

In August, Tusk conceded that there was “simply no majority” in the current parliamentary term to deliver on his party’s pledge to allow abortion until the 12th week of pregnancy.

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