Another trial against Justyna Wydrzyńska. The witnesses did not appear again

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· The trial of Justyna Wydrzyńska - an activist of the Abortion Dream Team, accused of aiding in a pharmacological abortion is in progress.

· Another hearing took place in the Warsaw-Praga District Court.

· Witnesses did not appear at the hearing again - a woman who had received miscarriage from Justyna Wydrzyńska and the father of her child.

· The court ordered the witnesses to pay a fine for failing to appear.

· A representative of the Ordo Iuris Institute who joined the proceedings as a social organization participated in the hearing.

Earlier, the Institute submitted an opinion to the court in which it reminds that the protection of the life of unborn children is justified by the norms resulting from the Constitution, international law and the jurisprudence of the Constitutional Tribunal.

Justyna Wydrzyńska is accused of a crime under Art. 152§2 of the Criminal Code. This provision penalizes the provision of assistance in performing an abortion in breach of the provisions of the Act. It is punishable by a penalty of up to 3 years imprisonment. The activist was also accused of storing medicinal products in order to market them without a license. This is a violation of Art. 124 of the Pharmaceutical Law. Justyna Wydrzyńska did not admit to committing these crimes, explaining that she had given the woman pills out of her emotions and compassion.

The third hearing in this case took place today. The first was held on April 9, 2022. Before the second hearing, held on July 14, the Ordo Iuris Institute submitted an opinion to the court in which it indicated that no binding act of international law obliges Poland to allow abortion and that there is no right to abortion, and abortion is not a human right. The Constitution of the Republic of Poland also provides everyone with the right to the protection of life, which is confirmed by the Constitutional Tribunal in its rulings, including the last one, of October 22, 2022. There, the Constitutional Tribunal found that the eugenic ground is inconsistent with the Constitution. Earlier, in 1997, the Tribunal ruled that the condition for abortion was unconstitutional due to difficult living conditions or a difficult personal situation, i.e. de facto upon request.

Today, the only witnesses in this case have not appeared again in court - the woman to whom Justyna Wydrzyńska transferred the abortion drugs, and the father of her child, who reported the case to the prosecutor's office. The court imposed financial penalties on them, which, however, may be waived if they excuse their failure to appear.

During the hearing, at the prosecutor's request, the recordings of two statements by Justyna Wydrzyńska, recorded after the commencement of the trial, were played. The recordings show the accused's attitude to the committed act. She says she has no regrets and the trial is political. Behavior after committing a crime is one of the basic prerequisites that a court must - pursuant to Art. 53 § 2 of the Criminal Code - take into account when specifying the penalty. The recordings also show that the accused in no way ceased or limited her "activist activities". Justyna Wydrzyńska said in the additional explanations that what she does is good. However, she stated that she refused to provide explanations due to the circumstances related to her “activist activity” (as the accused she has the right to do so).

The proceedings were postponed due to the need to hear witnesses and supplement the evidence. The next hearings are to be held on January 11, 2022 at 9.30 a.m. and on February 6, 2023, also at 9.30 a.m.