Poland’s Warshaw Court of Appeal ordered a retrial of activist Justyna Wydrzyńska Thursday, citing concerns over judicial impartiality. Human rights organizations welcomed the decision, contending that abortion should not be criminalized. 

The appellate court remitted the case to the trial court for reconsideration, finding that bias on the part of a trial judge had tainted the conviction. The court found that the Polish Minister of Justice, who publicly demonstrated his anti-abortion stances, initiated a promotion procedure for a judge at the final stage of the trial. The presiding trial judge was promoted to the appellate court after Wydrzyńska was convicted in 2023. On that ground, the appellate court annulled the conviction and remitted the case to the trial court for reconsideration. 

Justyna Wydrzyńska was one of the founders of a civil group that allegedly helped a pregnant woman access abortion pills in 2020. The woman was reportedly suffering from domestic violence and was prevented by her husband from undergoing an abortion abroad. Wydrzyńska was convicted in March 2023 for abetting an abortion, followed by a sentence of community service of eight months. 

Deputy director for research in Europe at Amnesty International, Esther Major, welcomed the decision, describing it as upholding the right to a fair trial. She added that:

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.

The Center for Reproductive Rights similarly claimed that Poland’s criminalization of abortion violated its international human rights obligations. The group called on the Polish authorities to stop prosecuting her.

Poland has one of the most restrictive abortion laws, allowing abortion only when the pregnant person’s health or life is at risk or when the pregnancy is the result of rape or incest. In a 2024 UN report, the Committee on the Elimination of Discrimination against Women denounced the abortion laws as a violation of Poland’s obligation under the international convention.