MAIN POINTS

1

The Regional Court in Warsaw overturned a decision of the Warsaw-Śródmieście District Prosecutor’s Office not to initiate proceedings concerning the abortion-related activities of the Abotak “clinic” next to the Polish Sejm in Warsaw

2

In the court’s view, the prosecution’s decision not to prosecute was premature and based on incomplete evidence.

3

The appeal against the prosecutor’s decision not to initiate proceedings had been filed by the Ordo Iuris Institute.


The Regional Court in Warsaw ordered the Warsaw-Śródmieście District Prosecutor’s Office to open a preliminary investigation into the Abotak establishment, which presents itself as an abortion “clinic.” It was opened in Warsaw on March 8, 2025 next to the Polish Sejm, with the tacit approval of the government of Donald Tusk, which has been ensuring it police protection against pro-life, pro-rule-of-law protests in its vicinity.

Two days after its opening, the Ordo Iuris Institute filed a complaint with the prosecutor’s office regarding the establishment’s operations. It was specifically directed against three pro-abortion activists—Justyna Wydrzyńska, Natalia Broniarczyk, and Kinga Jedlińska. Ordo Iuris reported a possible violation by them of Article 152 of Poland’s Criminal Code (termination of pregnancy in breach of statutory provisions) and Article 124 of the Pharmaceutical Law Act (placing a medicinal product on the market without authorization). The Warsaw-Śródmieście District Prosecutor’s Office nevertheless refused to initiate proceedings, in line with the Tusk government’s policy of making abortion available in Poland despite the law and the Constitution, which unequivocally forbid any form of abortion on demand.

The Ordo Iuris Institute decided to notify the prosecutor’s office because the activists, during press conferences and in interviews, confirmed that medication abortions would be performed at the facility. Justyna Wydrzyńska was previously convicted for providing abortion pills to a pregnant woman expecting twins, although the Court of Appeal in Warsaw later remanded the case for reconsideration.

On January 23, the Regional Court in Warsaw set aside the decision by the prosecutor’s office refusing to initiate proceedings against the Abotak abortion activists. The court stated that the decision of the prosecutor’s office was clearly premature and based on incomplete evidence, as well as superficial and ill-considered. This means that the prosecutor’s office, thanks to Ordo Iuris’ efforts and despite the Polish government’s unlawful conduct, will have to conduct a preliminary investigation in this case.

Read also:

Source of cover photo: iStock

Support us