Poland: Police persecution of journalists and protesters must end
Poland|Freedom of Assembly


ARTICLE 19

26 November 2020



A woman chants slogans on a megaphone while standing in front of a line of riot police during a Women’s Strike protest, Warsaw, Poland, 23 November 2020, 

Attila Husejnow/SOPA Images/LightRocket via Getty Images

Poland: Police persecution of journalists and protesters must end

For over a month, hundreds of thousands of people have protested across the country against the decision of the Constitutional Court to ban abortions in cases of foetal abnormality. Police have responded with excessive use of force and arbitrary detentions.

This statement was originally published on article19.org on 26 November 2020.

ARTICLE 19 strongly condemns the ongoing crackdown on protests against the abortion ban in Poland, and police brutality against protesters and journalists. We call for the immediate cessation of persecution and violence against those exercising their right to protest and to report on protest related issues. The protests concern a matter of crucial public interest for women’s reproductive rights, and participation in public life, and the right to protest on this issue must be protected.

For more than a month, hundreds of thousands of people have gathered and protested across the country against the decision of the Constitutional Court to ban abortions in cases of foetal abnormality. The Constitutional Court has been criticised for its lack of independence in recent years. The protests, led by women and organised by the Women’s Strike initiative, have reached an unprecedented scale including in small towns and communities.

Since the beginning of the protests, ARTICLE 19 has been concerned about a number of violations of the right to protest in Poland:
Use of excessive force against protesters and journalists by law enforcement: Police have used tear gas to disperse protests, dragging protesters from the crowd to detain them. On 18 November, in the center of Warsaw, in a practice known as kettling, police units cordoned off several hundred participants in a protest, mainly women and young people, blocking their ability to move or leave the protest. No reason was given for the use of containment strategies.
Arbitrary detentions: Protesters are being detained, often following violent arrests by law enforcement. In many cases, protesters detained in Warsaw are brought to neighbouring towns outside Warsaw to impede supporters gathering and protesting outside police stations. Detained protesters are being denied access to a lawyer or contact with family members, in violation of human rights standards.
Persecution of and retaliatory actions against protesters: According to Women’s Strike, protesters are being targeted by the police and visited at home by law enforcement in an effort to intimidate them. A 14-year old student from Krapkowice, Maciej Rahut, was visited by the local police that threatened him with criminal charges for re-posting information on Facebook about the upcoming local Women’s Strike protest that he planned to participate in. The police accused him of calling for and organising an illegal protest. They indicated to his mother that he could get eight years in juvenile detention and then prison for co-organising such protests. Police officers also went to the boy’s school to falsely inform the head teacher that he was the organiser of the protest, resulting in the boy receiving a warning at school. In another case, a 17-year old from a small town in the south of Poland has been accused by the sanitary-epidemiological station of violating sanitary COVID-19 restrictions and faces a fine for organising a local protest during the pandemic. Additionally, according to media reports, especially in small towns, policemen are requesting the local sanitary-epidemiological stations to fine protesters for participating in “mass gatherings” which are banned under the temporary COVID-19 response restrictions. Activists have also reported cases where policemen ask protesters to take off their masks and then take pictures of them which are later shown as evidence for breaking the rules of not wearing a mask.
Attacks, violence, detentions and criminal charges against journalists reporting on protests: On 23 November, photojournalist Agata Grzybowska was detained, forced into a police van and taken to a police station. She was released later that day after protesters gathered in front of the police station where she was kept, however, she is facing charges of assaulting an officer. Angelika Pitoń, a journalist for Gazeta Wyborcza, is facing charges of using “indecent” words and not wearing a mask during the protest in Zakopane. The journalist stated that she had her face covered. On 18 November, Onet.pl journalists Krzysztof Sójka and Bartosz Rumieńczyk, photojournalist of Gazeta Wyborcza Jędrzej Nowicki, photojournalist of Gazeta Polska Codziennie Konrad Falęcki, citizen journalist Włodzimierz Ciejka and OKO.press reporter Maciej Piasecki were tear gassed. During the 11 November Independence March in Warsaw organised by right-wing groups, journalists were also beaten with batons by the police, including Renata Kim from Newsweek who was hit in the kidneys, Adam Tuchliński from Newsweek, Jakub Kamiński of East News Agency and Dominik Łowicki from Gazeta Wyborcza. A photojournalist, 74-year-old Tomasz Gutry from Tygodnik Solidarność, was injured by a rubber bullet in the face and had to undergo surgery.
Use of force by unidentified plain-clothed officers: On 18 November in Warsaw, masked plainclothes police officers appeared in a protest, beating people and pulling individuals out of the crowd. They used tear gas against protesters, telescopic batons and stun guns to disperse, contain and attack individuals. They were also carrying firearms. These police officers were initially working as groups, threatening the safety of the protesters and seeking to provoke violence. Those that tried to disarm them in order to prevent the escalation of violent incidents are now facing charges of assaulting police officers. Inhabitants of neighbouring houses helped the protesters to escape through their backyards after they were targeted by these officers. As reported by the media, these were officers from the Central Counterterrorist Subdepartment of the Police “BOA”. The authorities have not provided the basis and necessity assessment of the law enforcement decision to use such excessive force and exceptional measures against protesters.

The Polish authorities claim that the use of force against protesters is necessary for the purposes of fighting COVID-19 and is in response to protesters breaking the temporary movement restrictions. Prosecutor General and Minister of Justice Zbigniew Ziobro announced that activists will be prosecuted for organising and instigating ‘illegal gatherings’ “on the basis of causing danger to the health and life of people by spreading the virus”. He also ordered the Regional Prosecutor’s Office in Warsaw to initiate criminal proceedings against all persons who made public the names and faces of the police officers that practiced brutal and violent tactics against protesters and journalists.

The criminalisation of protesters and those monitoring and reporting on protests in Poland is aggravated by two factors, on one hand, the lack of legal certainty on the imposition of COVID-19 restrictions related to public gatherings, and by an ongoing campaign to undermine the independence of the judiciary.

ARTICLE 19 urgently calls on Polish authorities to protect protesters, journalists and protest monitors, and respect and guarantee the right to protest in compliance with their international and regional human rights obligations, including during a health emergency. The right to monitor protests is of utmost importance and does not cease if a protest is dispersed or declared unlawful, and it applies to independent reporters and citizen journalists as well as traditional journalists and media workers. Mandatory identification of journalists in the context of protests goes against international human rights standards, and journalists as well as citizen journalists have a right to report on abuses by police in the context of protests.

We call on the Deputy Prime Minister for Security and head of the ruling Law and Justice party Jarosław Kaczyński, Prosecutor General and Minister of Justice Zbigniew Ziobro, as well as the Minister of Interior and Administration Mariusz Kamiński to:
Immediately stop violence against protesters and journalists covering the protests and ensure the protection of the right to protest.
Stop arbitrary detention and retaliatory criminal proceedings initiated against protesters. Authorities should drop all the charges against protesters and journalists where there is no evidence of, nor participation in, actual and serious acts of violence;
Refrain from criminalising the participation, organisation, promotion and monitoring of protests, particularly in the context of the COVID-19 pandemic.
Limit the use of containment measures against protesters that unnecessarily and disproportionately deprive them of their freedom of movement.
Ensure accountability for the actions of law enforcement officials during protests.
Effectively investigate the use of excessive force against protesters and journalists, and other abuses and human rights violations by law enforcement officials.
Respect and protect the right of protesters and journalists to record law enforcement officials in the context of protests.
Refrain from imposing mandatory accreditation requirements on media and journalists to cover manifestations.
Comply with authorities’ transparency obligations regarding the use of special police units, and stop intimidating protesters with groups of plainclothes policemen aiming to provoke the crowd;
Ensure that the police engage in de-escalation of tensions and effective communication with protesters instead of engaging in provocation and excessive use of force.





This statement by ARTICLE 19 is part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

Polish opposition party wants lack of consent added to legal definition of rape

NOV 27, 2020

The Polish left has launched an effort to expand the legal definition of rape in Poland to include cases where there is a lack of explicit consent.

“There must be a change so that it is not the rape victim who has to prove that she defended herself,” says Anna Maria Żukowska, spokeswoman for The Left, which is the third largest group in parliament. “Anyone who has not obtained clear and conscious consent to sexual contact is to be held criminally responsible.”

Currently, Polish law classifies rape as an act that subjects another person to sexual intercourse through force, unlawful threats or deception. It does not specify lack of consent as a criterion.

Earlier this year, that resulted in a court overturning a rape conviction against a man because his 14-year-old victim did not resist. The judges deemed that rape did not occur “because my client did not scream, which means that the perpetrator did not use violence”, said the victim’s lawyer.

The Istanbul Convention on preventing violence against women defines sexual violence as including “non-consensual” sexual acts. Poland is a signatory to the convention, but has not yet fully implemented it.

In August, the justice minister began the process of seeking to withdraw Poland from the convention, saying that it “promotes LGBT” and arguing that Poland’s existing laws already protect women.

Żukowska said that The Left “want to implement all the provisions of this convention, one of which is to change the definition of the crime of rape”, reports Dziennik Gazeta Prawna.

“There must be a radical change so that it is not the victim who has to prove that she was…defending herself and that she did not want sexual context,” added Żukowska.

Some commentators responded negatively to the proposal. Waldemar Kuczyński, a former minister, expressed concern that the wording of the proposed legislation would “allow any man to be charged with rape unless he asks the lady for permission in writing or secretly records the whole event”.

Responding to such criticism, Anna Błaszczak-Banasiak, a lawyer from the office of Poland’s human rights commissioner, said that such language is necessary to allow people who were drugged, unconscious or drunk to show that they could not give informed consent.

Żukowska noted that many EU countries, including the UK, Germany and Greece, have laws defining rape as meaning sex without consent.

There has been no response yet from the government or ruling party to the proposed change in the law. The left-wing MPs did, however, welcome the recent introduction of a law, authored by the justice ministry, that will allow police to immediately remove those suspected of domestic violence from the home. It enters into force on 30 November.





Daniel Tilles
Daniel Tilles is editor-in-chief of Notes from Poland and assistant professor of history at the Pedagogical University of Krakow. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, The Independent and Dziennik Gazeta Prawna.

Poland abortion protests: EU Parliament extends support to protestors, passes resolution

It accused Poland’s government of improperly influencing a court that has imposed an almost complete ban on abortion.

Police try to remove demonstrators taking part in a pro-choice protest at the gate to the Polish Ministry of Education, Warsaw, on November 23. 

| Wojtek Radwanski/AFP


The European Union’s Parliament on Thursday accused Poland’s government of improperly influencing a court that has imposed an almost complete ban on abortion, reported Reuters. The European Parliament said this showed that the rule of law in the country had collapsed.

Hundreds of thousands of protestors have come out onto the streets of Poland to demonstrate against an October ruling of the country’s Constitutional Tribunal that tightened the country’s already restrictive abortion laws. The top court had ruled last month that abortion in cases of anomalies among foetuses is unconstitutional.

The EU Parliament passed a resolution in the matter with 455 votes in favour, 145 against, and 71 members abstained from voting. A majority of European politicians, who debated on abortion rights in Poland, expressed solidarity with protestors. Dutch MEP from the Renew Europe Group Samira Rafaela also pledged to “join them in this battle till the very end”, according to Euronews.

“To the women of Poland I would like to say, we are standing right next to you and we will join you in this battle till the very end,” Rafaela added.

The resolution followed after the governments in Poland and Hungary vetoed the Union’s budget and a coronavirus recovery fund earlier this month.

A legal impediment against Poland’s abortion law, enforced in 1993, in cases of severe disabilities among foetuses was initiated by MPs from the ruling nationalist Law and Justice Party in 2019, according to BBC. In Poland, 98% of the abortions are done citing the anomalies.

Meanwhile, police in Poland have used violent means against peaceful demonstrators, Euronews reported on Wednesday, citing activists. Officials have thrown people on the ground, assaulted them with batons, and made use of kettling, a method of using blockades to limit movement of a crowd in a specific area, according to a human rights lawyer.

At least 60 protestors, including a 17-year-old, have been detained in the last few weeks, but the actual number is rumoured to be much higher. The police also charged a photojournalist, Agata Grzybowska, for assaulting an officer on Monday. This was the first time a journalist was detained during the month-long protests, reported Associated Press. She was reportedly dragged away as bystanders urged officers to stop as she was a journalist. Following this, a group gathered outside a police station in central Warsaw, where she was taken, and protested against her detainment. She was released later.

“We know that a lot of the protesters are being manhandled once they are taken to police cars and during the detainments themselves,” human rights lawyer Eliza Rutynowska told Euronews.

However, the Polish government has not published the Constitutional Tribunal’s judgement, which meant that the recent restrictions are not enforceable, according to Reuters. The ruling Law and Justice party said it was waiting for the court to give a more detailed justification of its ruling.Support our journalism by

 Belgian regions close Polish office over attack on democracy and LGBT+ rights

27 NOV 2020

• Brussels and Wallonia say Poland is ‘endangering democracy and European integration’.

TRIS REID-SMITH

The Belgian regions of Brussels and Wallonia have shut down the office representing them in Warsaw in protest at Poland’s government.

The regions say they refuse to accept Polish government attacks on judicial and media independence and LGBT+ rights.

The office in the Polish capital, Warsaw, has a team of seven staff to represent the regions in areas as diverse as culture, sport, tourism and scientific exchange.

But in a statement, the Walloon region’s Premier Elio Di Rupo and his Walloon-Brussels counterpart, Pierre-Yves Jeholet, said the office will be closed for an unspecified period.

They added: ‘For several years, the authoritarian excesses of the government in place have undermined the rule of law.

‘Attacking the independence of the judiciary, the separation of powers is endangering democracy and European integration, we cannot accept it.’

EU battle with Poland

Poland’s ruling Law and Justice (PiS) coalition has heightened its attacks on LGBT+ people in recent years.

The EU is particularly alarmed by the rise of ‘LGBT Free Zones’ across Poland. Moreover, they noted the hate-filled re-election campaign of PiS candidate Andrej Duda who won his second term as Poland’s president in July.

Since then, Poland has seen a summer of protests and public anger by both LGBT+ people and haters.

The European Union has already rejected funding for six towns in Poland that have declared themselves ‘LGBT Free Zones’.

But now the EU looks like it may intervene more aggressively. On 16 September, European Commission President Von der Leyen told the European Parliament:

‘LGBTQI-free zones are humanity free zones. And they have no place in our (European) Union.

‘Breaches of the rule of law cannot be tolerated.’

Poland – and it’s neighbor Hungary which has also launched an unprecedented attack on LGBT+ rights this year – both also risk losing access to tens of billions in EU funds. The EU is investigating both countries for undermining the rule of law.

Poland, along with Hungary, is under EU investigation for undermining the rule of law and risks losing access to tens of billions of euros in EU funds.

Meanwhile both countries vetoed the EU COVID-19 recovery fund, even though it would help their economies, because it was conditional on respect for the rule of law.

We are only free when everyone is equal”

—Anja Rubik on the crisis in Poland

© Courtesy of Anja Rubik

BY ANJA RUBIK 28 NOVEMBER 2020
VOGUE POLAND

The supermodel and prolific Vogue cover star shares a powerful letter on the realities surrounding abortion rights in her home country, and her hopes for an inclusive future for the LGBTQ+ community

In 2020, our Poland is a divided country, and as a Polish woman, I have grave fears. Church and state have merged, giving birth to conflict and contradiction. A woman’s right to choose is under siege, the LGBTQ+ community is treated like second-class citizens, and sex education is being phased out.

Poland has the strictest abortion legislation in the EU. Abortion is illegal with three exceptions [in cases of rape, incest or where there’s a threat to the mother’s life], and these exceptions are being slowly erased. This will affect not just our women, but our entire community. On October 22, the Constitutional Court outlawed abortion in the case of severe and irreversible foetal impairment. This basically means that the state will force women to carry their pregnancies to term and give birth to children with severe deformities who may die, in extreme pain, just minutes after. The state is starting to interfere with our most personal decisions that impact our life, our destiny, our health and safety.

A woman’s right to choose is the litmus test for a healthy and progressive society. This moment in time will affect the Polish community for decades to come. Our women—our mothers, wives and daughters of the future—are relying on us to put them first.

The LGBTQ+ community in Poland lives in fear. We are a sum of parts, and to allow a faction to be marginalised or discriminated against is abhorrent and cowardly. So much of this behaviour is fear-based and ignorant. A Polish church that picks and chooses its dogma to manipulate an outcome is a direct contradiction of where Pope Francis is leading the Catholic faith in 2020 and beyond. To those who are LGBTQ+ phobic, I would ask you to confront your fears and be better. Poland is better than this. We are better than this.

I started a sex-education foundation in Poland in 2017 [called SexedPL]. It wasn’t as much a passion project, as it was a practical solution. For thousands of years, sex has been part of our lives, beyond algebra and physics. We are here, every single one of us, at a cellular level, because of sex. How is it possible to imagine a healthy community where we don’t teach our children about their bodies, their personal boundaries, consent and safe sex? Sex is inherently personal, comes with deep insecurities and dangers, and to simply ignore or reject it is irresponsible and a step backwards for Poland. In 2020, the Polish government is doing its best to censor and ultimately ban sex education. The adults of tomorrow face an isolated and uncertain future without the very best community care and structured education. Our government’s attack on sex education is an attack on our children.

There are moments and days where I feel deflated and terrified. Let me be clear: I feel I'm no more significant than the next Polish citizen. My family and community are riddled with anxiety and uncertainty. I watch the protests on the streets, provoked by the abortion ruling, with a mixture of pride and terror as I wonder how our Poland has become this place. After all we have faced over the past 100 years—the adversity, the heroes, the lessons learned—we find ourselves here. I try to stay positive and do everything in my power to support the men and women rebelling against oppression and fighting for our freedom, and the recognition of human rights. During low moments, I share phone calls and conversations with my friends and restore my confidence that we can make the change by being brave and speaking out.

We have learned many things during our lifetime, but a fundamental that underpins us is that ‘our Poland’ has the ability to thrive and adapt during crises. There is goodness in every single one of us. We need to remain calm, listen, focus and never undermine our own integrity. We are only free when everyone is equal.

Model Anja Rubik poses naked on three covers for Vogue Poland's Power of Women issue to protest against country's new tighter abortion laws

Abortions are banned in Poland except in cases where the woman's life is at risk

Anja Rubik who is pro-choice appears on three covers for Vogue Poland 

Social media users have praised the publication for speaking out on the ruling 

By LATOYA GAYLE FOR MAILONLINE 27 November 2020

Social media users have praised Vogue Poland for supporting pro-choice campaigners following the ruling to ban abortions in Poland in all but exceptional cases. 

Polish model Anja Rubik, 37, stripped off to appear on three different covers for the glossy publication entitled 'The Power of Women', in response to the country now having some of the most draconian abortion laws in Europe, which sparked nationwide protests last month. 

She took to Instagram to share the covers alongside impassioned captions accusing Poland of suppressing women and restricting their reproductive rights, in addition to penning an open letter on the Vogue website describing the nation as 'divided'.

Sharing the first cover with her 1.2 million followers, Anja posed naked with a red robe tying her wrist together and a lightening bolt on her cheek.

Describing the covers as the 'most important and personal' of her career, she said: 'A woman's right to choose is a litmus test or test for a healthy, progressive society. The decision of the Constitutional Court will have an impact on the Polish community for decades.

Polish model Anja Rubik, 37, has voiced support for pro-choice campaigners following a ban on abortions in Poland. Pictured: Anja on cover of Vogue Poland 


Reproductive rights are human rights, they guarantee the possibility and freedom to decide about our life, our body, our health and our fate!' 

Anja posted a second cover where she's seen standing naked while wearing one shoe and holding a container filled with red smoke. 


Describing nudity as a symbol of the female revolution, Anja (pictured) argued the government plans to deprive women of their rights to decide about their own lives and bodies up over 120,000 likes, she wrote: 'I wanted to reflect our protest and our strength. I am naked in the photo. In patriarchal systems a woman's body is sexualized, it’s shamed and it’s shown as something wrong and indecent.

What is the new law on abortion in Poland?

Considerations for a total ban on abortion including in cases of rape or where the baby would be severely deformed were rejected in 2016.

However, on 22 October of this year Catholic Poland's constitutional court ruled that existing legislation which allows for the abortion of malformed foetuses is 'incompatible' with the protection of life.

Abortions will now only be allowed in instances of pregnancy through rape or incest, or if there is a threat to the mother's life by carryin on with the pregnancy.

The court verdict drew immediate condemnation from the Council of Europe, the continent's leading human rights organisation, whose Commissioner for Human Rights Dunja Mijatovic called it 'a sad day for #WomensRights'.

Thousands of protesters have since been taking to the streets and social media to campaign against the near-total ban on abortion.

The country of 38 million people sees fewer than 2,000 legal abortions a year, but women's groups estimate that up to 200,000 procedures are performed illegally or abroad.

'Hence, nudity has become a symbol of the female revolution. Currently in Poland, there are ongoing government plans to deprive women of their reproductive rights and the right to decide about their own lives and bodies.'

A third cover shows a head shot of Anja wearing minimal make-up, as red smoke swirls around her head.

'I am a patriot. With age, I feel more and more connected to Poland. And when the rights of women, the rights of the LGBTQ+ community, personal freedom, teachers and students are attacked in my country, and when the state announces a new enemy in our community almost every single day, I cannot keep silent. 

'We are told that we should feel shame for who we are, who we love, and what we believe in. 

'This divides the country and makes us feel unsteady and insecure and it’s easier to manipulate a torn society. Let us not be intimidated. The law should not interfere in our personal decisions,' she penned. 

The covers were re-posted along with their captions on Vogue Poland's Instagram racking up over 50,000 likes.




Anja (pictured) argued the nation shouldn't be intimidated and the law shouldn't interfere with women's personal decisions 

One person wrote: 'Thank you for your courage! I am with you with all my heart!' 

'Your support is invaluable and needed all the time! May more women have the courage to speak up in such a specific way! It's good that you are,' another said.

A third added: 'Wow this is so powerful and so eloquent and great, I'm speechless. Bravo Anja'


























A stream of responses praised Anja for speaking out and gushed that the covers are 'simple and strong'
Read more:

Anja Rubik on Instagram: “1/3 @vogue.polska . Są to najważniejsze i najbardziej osobiste okładki oraz autoportrety w mojej karierze. Tworzenie obrazów jest…�

Anja Rubik On The Abortion Crisis In Poland | British Vogue

Vogue Poland shows support for pro-choice, following abortion ban

Prosecutors investigate abortion protest leaders for insulting Catholics and endangering health

NOV 28, 2020

Prosecutors have launched investigations into Women’s Strike (Strajk Kobiet), the main organiser of ongoing mass protests against a constitutional court ruling that would introduce a near-total ban on abortion in Poland

The authorities are looking into three potential crimes: endangering life and health by organising the protests during the pandemic; insulting people due to their religious affiliation; and inciting illegal actions.

News of the investigations, which were launched after notifications of potential crimes by anti-abortion organisations and individuals, was originally reported by wPolityce, a conservative news website. It was then confirmed by the spokeswoman for Warsaw district prosecutor’s office, Aleksandra Skrzyniarz.

The developments come after the national public prosecutor last month instructed his subordinates to seek charges against organisers of the protests, which are believed to be the largest in Poland since the fall of communism in 1989.

Prosecutors are under the ultimate authority of the prosecutor general, Zbigniew Ziobro, who also serves as justice minister. That dual role has led many observers to warn of increased politicisation of the prosecutorial service.

Senior figures from the national-conservative ruling coalition, including Ziobro, have repeatedly condemned the protests – which have diminished from their initial size but still continue – and expressed support for restricting the abortion law.

Majority of Poles support abortion protests and popularity of ruling party has dropped, polls show

Skrzyniarz, speaking to the Polish Press Agency (PAP), confirmed that “the first thread [of the investigation] concerns insults that took place in Warsaw and other cities in October against groups of people on account of their religious affiliation, using words that are generally considered offensive”.

Publicly insulting people due to their religious affiliation is a crime punishable with up to three years in prison.

On 25 October, the first Sunday after the protests broke out, some participants disrupted masses, confronted priests and graffitied the walls of churches. In response, nationalists formed groups to defend churches from the protesters, leading to some clashes.

Women’s Strike have encouraged opposition to the church. Among their list of demands is for Poland to become a fully secular state, including ending public funding for the church and Catholic catechism classes in schools.

NfP podcast: “Revolution against the church” – Poland’s abortion protests

The second issue being examined by prosecutors reportedly concerns remarks by Marta Lempart, the leader of Women’s Strike, on 26 October. According to Skrzyniak, they are investigating whether she “called for illegal actions and expressed her approval for committing crimes against the Catholic church”.

Public incitement to commit a crime is punishable by up to two years in prison. Publicly praising the committing of a crime can result in a sentence of up to one year.

In the interview in question, Lempart, when asked about the protest actions against churches, told Radio Zet that it was understandable that “people are really pissed off at church institutions”.

“These men went too far, these men went into our lives and into our bodies,” said Lempart. “They should have expected this reaction and it will happen again, if they don’t finally grasp what has happened.”

“We are at war”: an interview with the leader of Poland’s abortion protests

The final issue in the investigation relates to endangering public health, a crime that can carry a prison sentence of up to eight years.

“There is a suspicion of endangering the life and health of numerous people by causing an epidemiological threat relating to the spreading of coronavirus during public gatherings organised to express opposition after the ruling of Constitutional Tribunal”, explained Skrzyniarz.

Last month, when the national public prosecutor called for charges to be sought against protest organisers for endangering the public, he suggested that even simply calling for demonstrations “may qualify as incitement to a crime”

Abortion protests aim “to destroy Poland and end the history of the Polish nation”, says Kaczyński

The protests, and the threat they could pose to health, has also been heavily criticized by Jarosław Kaczyński, chairman of the ruling Law and Justice (PiS) party. Kaczyński serves only as deputy prime minister but is Poland’s de facto leader.

“These demonstrations will most certainly cost many lives,” warned the PiS chairman. “Those who call for them and participate in them cause a threat and are committing a serious crime. The authorities not only have a right, but an obligation to oppose such events”.

In fact, since the start of November the daily numbers of new coronavirus cases have been falling, with the health minister saying last week that the situation has now “stabilised”.

Pandemic has “stabilised” in Poland and “worst is behind us”, says health minister

The leaders of Women’s Strike have responded to news of the investigations by claiming that they are politically motivated.

“The government likes to scare people and use its power to silence citizens,” Klementyna Suchanow told OKO.press. “They are moving further into repression.”

“These are repressive measures intended to have a chilling effect, so that no one would dare to organise more of these types of events,” Katarzyna Gajowniczek-Pruszyńska, a lawyer specialising in criminal law, told the same website. “It is a classic of repressive and authoritarian states.”

Main image credit: Marcin Stepien / Agencja Gazeta





Agnieszka Wądołowska
Agnieszka Wądołowska is managing editor of Notes from Poland. She has previously worked for Gazeta.pl and Tokfm.pl and contributed to Gazeta Wyborcza, Wysokie Obcasy, Duży Format, Midrasz and Kultura Liberalna

Poland’s recent challenge on the road towards emancipation of women

This is an opinion article by an external contributor. The views belong to the writer.

Sukran Unal Monday, 30 November 2020


Abortion has always been a topic of dispute regarding both women’s rights and a broader notion of human rights.

Various political, medical, religious or ethical views on the topic have eventually led to the deepening of the controversy and blocked the way to figure out a common solution across the world. Today, there are also ongoing debates in the EU concerning the ethics and legitimacy of abortion.

The issue is attributed utmost importance not only by most of the EU Member States, but also by the EU itself, as well as the candidate countries having to comply with the acquis to realise their prospective EU membership aspirations.

Having being defined by the Lisbon Treaty, the EU’s fundamental values are listed as; respect for human dignity, respect for human rights, freedom, democracy, equality and the rule of law. The importance of the values stems from not only the fact that they have to be respected when carrying out internal and external actions of the EU, but also from the result that no third country can become a member of the EU without complying with these values.

But then, one may wonder what happens in the event of a breach of these values by a country which is already an EU member state? Poland springs to mind, being a recent and concrete example to think about when it comes to such violations. The previous discussions regarding the country’s so-called “judiciary reform” that undermined the rule of law have already been overtaken by the grave judgment of the Polish constitutional tribunal to severely restrict access to pregnancy terminations.

Very recently the finger of suspicion has been pointed at Poland’s ruling party – Law and Justice Party- after the tribunal’s ruling that resulted in a nearly total ban on almost all kinds of voluntary termination of pregnancy.


On 22 October 2020, the Polish constitutional tribunal ruled that abortion must be outlawed also when a foetus is diagnosed with a disability or with an incurable or severe birth defect that could even be potentially fatal for the foetus.

Poland faced one of the country’s most massive protests in the aftermath of the delivery of this ruling and the anger seems to be going far beyond a few groups of opponents of the ruling party. In fact, even before this ruling, the situation was unjust in terms of women’s rights in Poland, and the country already had one of the most rigorous abortion laws within the EU.

Once published, the judgment will result in more restrictive abortion laws in Poland and limit abortion to cases of severe foetal defects which put the mother’s life in danger and criminal acts such as incest and rape.

According to some women’s rights organizations, even before the judgment, restrictive regulations in Poland had already led to the performing of only a limited number of terminations in practice, as doctors in the country are legally authorized to turn abortion requests down on grounds of religion.


Yet, prior to the controversial ruling of the Polish tribunal, there was at least the legal basis for Polish women to end a pregnancy in the case of severe foetal abnormalities. Bearing in mind the already restrictive legislation and practice in the country, why did some groups such as the rightwing MPs seek tighter abortion laws and probably politically paved the way to the tribunal’s controversial ruling?

Backers of the ruling mostly rely on the right of disabled persons as a justifying ground. Some of them also assert that before the ruling, it was a clear discrimination to be able to terminate pregnancies with a disabled foetus whilst not being allowed to decide on such a termination in most of the other instances.

However, what the backers miss out is the rights of women who are actually going through the difficulty of making such a tough decision. It is not only a foetus’s right to be discussed here. More primarily, the women’s mental and physical health and right to self-determination should prevail as they will be the ones to take care of an innocent baby with extra physical, medical and emotional needs.

Also, compelling women to continue with an unwanted pregnancy is a discrimination itself against those women. Why should the laws not give them a chance to contemplate all aspects (such as their own social, financial, mental circumstances) thoroughly and let them prefer to voluntarily end a pregnancy if they wish so?

It is of course not a debate to end an advanced pregnancy (beyond certain weeks of gestation) just because the child is disabled or has irreversible abnormalities. But when a very young foetus, a foetus of for example 10 weeks, turns out to have severe and incurable defects, women should be given the right to decide, both on their own lives and on the further development of the foetus.

If it is the case that a woman does not consider herself capable of looking after and raising a child with a severe birth defect, her decision cannot be neglected. The decision may be based on financial, emotional, social or mental grounds. No matter what the underlying reason is, every woman should be entitled to make the ultimate decision herself.

Disregarding women’s individual circumstances and physiological needs will be nothing else but a true torture to those women, making them bear all the hardship. It is also possible that the child to be born will suffer both from having severe defects and being raised in an unhappy family environment with lack of sufficient care.

Backers of the judgment should also take into account that women who make the decision to terminate a pregnancy are probably already going through a very cruel challenge in their lives. Many women feel the need to contemplate such a decision for so long, and in the end, many will still be questioning their decision for months, years or even for a lifetime. Some will have to live with the trauma maybe for the rest of their lives, as demonstrated by many studies, such as “Abortion and Mental Health: Quantitative Synthesis and Analysis of Research” published by Cambridge University.

Back in 1990s, R.E.Kendall had already suggested the scientific correlation between suicide rates and unwanted pregnancies. So, why is it so hard to put ourselves in others’ shoes?

A mother-to-be may wish to consider the opportunities related to health and education facilities in the country she lives, as well as her own financial means and own health to support her child’s growth. For example, the world is full of big-hearted and wonderful people to give birth to children with Down syndrome. It is something to admire and be inspired of. Those children are magical with so much love to give to their families and to the societies they live in, and the women who deliver, raise or adopt them deserve more than appreciation and much respect.

Most of the time, thanks to such parents, children with Down syndrome can indeed grow in a family where they feel real love and can access social facilities such as; education and health to become healthy and strong individuals.

However, that may not always be the case. The study named “Perceived Experiences of Life Problems for Parents with a Down Syndrome Child” written by T.Rahimi and Z.Khazir sets forth many challenging experiences parents go through. For example, a woman may have limited financial capacity to cope with the difficulties of raising a child with additional needs or in another scenario, a single woman can be questioning her own health conditions and keep asking herself “what if I don’t live long enough to raise my child who has additional needs?”

The governments’ commitment or capacity to offer enough support and facilities to children with such conditions vary from one country to another. Whatever belief or opinion we hold, the reality is that all women have different conditions and views. Thus, such a vital decision should be merely a woman’s own decision, certainly not political or religious groups’.

Putting aside the moral aspects of the debate, it should be drawn attention that each year, more women in Poland are seeking an abortion abroad. Abortion Without Borders stresses that since the delivery of the court ruling, it has already helped many women travel outside Poland. Soon, this will inevitably deteriorate the gap and disparities between the rich and the poor.

Legal abortion is a requirement of human rights and human rights should always be accessible to all persons without any discrimination on financial grounds. However, when abortion is such severely restricted by laws, women with sufficient financial means will somehow travel and manage to access safe abortion performed by medical experts, whilst many women with no adequate budget will resort to illegal methods and suffer in the hands of persons lacking the necessary skills to carry out a safe abortion. Plus, some of those abortions will be performed in an environment of unsafe conditions and leave behind complications such as infection or damage to internal organs.

This being the case, instead of adding more physical, moral and emotional burdens on women by tightening abortion laws further, it should be borne in mind that safe abortion is also a matter of human rights. Unsafe abortion is scientifically proved to be one of the major causes of maternal mortality (responsible for maternal deaths at the rates varying from 4.7% to 13.2%, according to the World Health Organization), and thus, any restriction on legal abortion increases illegal practices that aggravate the risk of unsafe abortion.


This can lead to serious health issues for women, as well as a backsliding concerning their reproductive and sexual rights. It would also constitute a breach of states’ commitments under the Convention on the Elimination of All Forms of Discrimination Against Women, particularly with regard to its article 12 pursuant to access to health services.

Last but not the least, it should be recalled that abortion is part of the right to self-determination, and is a matter of human rights. Despite the concerns caused by the judgment of the Polish court and the risk of undermining human rights, hopes still remain for Poland as the judgment has not been published yet. Legally speaking, that means the judgment has not yet entered into force, and hopefully speaking, it also means to leave the door open to back down from the controversial ruling and look for a possibility of a constructive dialogue between opposing views and groups.

From the perspective of the EU, it is a good sign of solidarity and respect for human rights that many MEPs have already called for the Council and Commission to take necessary action against the human rights violation in Poland, in line with the EU’s fundamental goal to avoid gender-based discrimination, promote the rights of women and ensure respect for human rights.

Sukran Unal

French government drops draft law curbing filming of police

Governing party official says controversial piece of legislation will be ‘rewritten’ after uproar.

Riot police clash with protesters in Paris during a rally on Saturday against the proposed security law [Christophe Petit Tesson/EPA-EFE]

30 Nov 2020

The French government has dropped a controversial security bill that would have curbed the right to film police officers in action after growing opposition and mass protests against it.

“The bill will be completely rewritten and a new version will be submitted,” Christophe Castaner, head of President Emmanuel Macron’s governing party in the French parliament, told a news conference on Monday.

Tens of thousands of people in cities across France marched against the draft law on Saturday, with dozens wounded during clashes with police in Paris.

The proposed legislation was passed by the National Assembly earlier in November, though it still required approval from the Senate.

One of its most controversial elements has been Article 24, which sought to criminalise the publication of images of on-duty police officers with the intent of harming their “physical or psychological integrity”.

Under the article, offenders faced sentences of up to a year in jail and fines of 45,000 euros ($53,760) for sharing images of police officers.

Protesters called for the article to be withdrawn, claiming that it contradicts “the fundamental public freedoms of our Republic”.

Media unions also said it could give police a green light to prevent journalists – and social media users – from documenting abuses.


The controversy was intensified by a video showing the beating and racial abuse of a Black man last week.

The case of Michel Zecler shocked France, with celebrities and politicians alike condemning the officers’ actions.

Macron on Friday called the incident an “unacceptable attack” and asked the government to come up with proposals to “fight against discrimination”.

The images of the beating of Zecler emerged days after police were already under fire over the forcible removal of a migrant camp in central Paris, where journalists on the ground recorded police brutality.

On Monday, a Paris investigating magistrate charged four police officers with assault by a person holding public authority in connection to the assault on Zecler. Three were also charged with fabricating their statement on the incident.

SOURCE : NEWS AGENCIES

Pro-democracy protests can help bring peace to Thailand’s south

The success of the ongoing struggle for democracy in Thailand is crucial for securing peace in its southern regions.

In this photo taken on October 24, 2019, widow Sitirokayah Salaeh (R) visits the cemetery in Tak Bai where her late husband Mahamad Lohbako is buried together with other anti-government demonstrators who died during the 2004 Tak Bai incident, in Thailand''s southern province of Narathiwat [Madaree Tohlala/AFP]

In Thailand, what started some months ago as a seemingly minor student movement against the oppressive and anti-democratic practices of the military-led government has developed into a full-blown, nationwide uprising demanding a major upheaval of the predominantly Buddhist Southeast Asian nation’s political system.

Despite strict COVID-19 protocols restricting the right to peaceful assembly and extensive laws penalising dissent, tens of thousands of people are still taking to the streets across the country regularly to demand change. The mostly young protesters have three core demands: the resignation of General Prayuth Chan-ocha’s government to pave the way for fresh elections, the rewriting of the 2017 constitution that entrenches the army’s role in the government, and an end to the systematic harassment and persecution of government critics.

The protesters’ demands seem to resonate with millions of Thai citizens who have grown weary of military rule. Indeed, in the almost nine decades since the dawn of constitutional democracy in Thailand, a succession of military regimes gradually curtailed the rights and freedoms of Thai citizens, raising questions about the country’s democratic moorings.

Among those who are raising their voices in support of overdue political reforms in Thailand are the Malay Muslims who reside in the provinces of Patani, Yala and Narathiwat, and some parts of Songkhla, collectively known as the country’s “Deep South”.

The Malay Muslim support for the pro-democracy movement is significant for several reasons. It demonstrates that not only the Buddhist majority but also the minority communities in Thailand are longing for greater liberties. Moreover, it shows that the continuing national struggle for a stronger democracy can help bring peace to the restive region.

Thailand’s Deep South has long been devastated by a conflict between the central government and a resurgent separatist insurgency that traces its roots to the annexation of the once independent Sultanate of Patani into the Siamese Kingdom in the late 18th century.

The Thai government’s policies of forced assimilation directed at ethnic Malays and refusal to give the region any meaningful autonomy, coupled with deep poverty and a lack of economic opportunities, resulted in a protracted conflict that threatens both Thailand and the wider region’s stability.

The conflict reached a turning point in 2004, when the Thai security forces violently cracked down on a protest in Tak Bai, Narathiwat, killing some 85 Malay Muslim protesters. According to Human Rights Watch, in the 16 years since the Tak Bai incident, some 7000 people, many of them civilians, lost their lives to the conflict. The intensity of the conflict decreased in recent years, however, the insurgency still disrupts lives and livelihoods in the region and the Thai government’s discriminatory policies against ethnic Malays continue to fuel inter-communal tensions.

Peace talks, under Malaysian facilitation, are in place. But such efforts are proving insufficient in bringing this decades-old conflict to an end.

Sustainable peace cannot be achieved without including the voices of the civilian stakeholders of this conflict in the conversation. Before the 2014 military coup, which brought the current prime minister, General Prayuth Chan-ocha, to power, there were some significant efforts to include civilians in the continuing peace talks. Prior to the military’s takeover of the government, for example, civil society groups held thousands of forums in the region, allowing residents to share their views and voice their concerns about the peace process.

After assuming power, the military stopped these forums, as it suspected they could be used to spark revolutionary fervour among Thailand’s ethnic Malays. Moreover, the military started to treat the peace talks as a tool to manage criminality rather than resolve the deep-rooted social, economic and political problems of the region. All this resulted in people losing trust in the process, and losing hope that their grievances can be addressed through diplomacy.

A peace process can only succeed if it takes into account the perspectives and legitimate interests of all stakeholders. Any process that attempts to push the dominant side’s perspective and demands down the throats of other involved parties is doomed for failure. Sadly, in the ongoing peace process, has been defined by such efforts.


But all is not lost. Recently, the Muslim provincial leaders from the Deep South submitted to the government a realistic proposal for the future of the region covering four key issues relating to governance, religion, economy and social identity/culture.

The proposal, which calls for more autonomy in running the daily lives of Muslim communities in the southern provinces, can be a good starting point for a serious discussion on building peace in the region.

However, such proposals can only bring the region closer to sustainable peace if they are taken seriously by the central government. Indeed, this conflict can only be resolved if the leadership in Bangkok recognises the Malay minority’s right to self-determination, either directly in the constitution or in a law passed by the parliament, and grants this minority community the authority to run their affairs according to their own cultural and religious norms and traditions.

The current military-led government, which appears hell-bent on curtailing the most basic rights and freedoms of not only the Malay minority but the entire Thai population, is unlikely to ever agree to such a move.

This is why the success of the ongoing fight for democracy in Thailand is crucial for the Deep South. Only a democratically elected government can translate the people’s aspirations into policy and finally bring peace to the country’s restive south.

The views expressed in this article are the authors’ own and do not necessarily reflect Al Jazeera’s editorial stance.

Chalida Tajaroensuk
Executive Director of Peoples’ Empowerment Foundation and peace advocate working in Thailand’s Deep South

Gus Miclat
Executive Director of the Initiatives for International Dialogue
28 Nov 2020

Thai Protesters March on Elite Military Unit Carrying Inflatable Rubber Ducks
November 29, 2020 

Riot police cover themselves with shields as they guard behind barb wires during a pro-democracy rally demanding Prime Minister Prayuth Chan-ocha to resign and reforms to the monarchy, at 11th Infantry Regiment, in Bangkok, Nov. 29, 2020.

BANGKOK - Thousands of protesters, carrying yellow inflatable rubber ducks over their heads, descended on an elite military unit in Thailand Sunday as they called for limits to the power of the monarchy.

With chants of “my tax, my tax,” demonstrators massed outside the headquarters of the 11th Infantry Regiment — an elite unit placed under the control of Thailand’s immensely rich and powerful King Maha Vajiralongkorn. 

"The army in this country was never here to protect the people, but they've always been here to protect the royal family,” 27-year-old Bom, a protester, said.

“Thor had his hammer,” said 25-year-old graphic designer Angkana, referring to the movie, “Hammer of the Gods.”

“We have our ducks. At least they protect us,” Angkana added. The rubber duck has become an emblem of the protest movement.

Breaking a taboo, protesters are targeting all areas of the king’s power — from his $2.3 billion holding in one of the country’s top banks to his preferred army units and status in his overseas sanctuary in Germany. They are turning up the pressure on the monarch to pull his support for unpopular Prime Minister Prayuth Chan-O-Cha.

They are demanding Prayuth’s resignation and a new constitution to excise the army from politics once and for all, in a country which has had 13 coups in less than a century. 

But they also want reform of the monarchy to keep it within the constitution, outside of politics with its spending and influence restrained. 

Thailand’s monarchy is protected by a tough royal defamation law which carries up to 15 years in prison per charge of insulting, defaming, or threatening the palace.

At least a dozen protest leaders were hit with the charge over the last week after anti-monarchy graffiti was sprayed across downtown Bangkok.

The monarch commands the loyalty of the army top brass, the business elite and many mainly older conservatives across the country. 

A generation gap has subsequently opened, with the youth-driven protesters refusing to moderate their demands for reform of the monarchy and royalists enraged that the protesters have taken aim at the palace.

“Their demands are never ending… and the kids are ‘acting up,’ getting bored of one thing, then moving onto another,” Somchai Sawangkarn, one of the 250 senators appointed by Prayuth, said.

Violent clashes between pro-democracy protesters and “yellow shirt” royalists — so called for wearing the king’s colors — left scores injured on November 17 outside parliament, as legislators voted against constitutional reforms demanded by the street movement.

Thailand has a history of violent political convulsions. Pro-democracy movements dating to the 1970s have ended in bloodshed on Bangkok’s streets.

But the open anti-monarchy sentiment and near-daily occupation of key parts of the capital are also wearing on the government, which is already struggling with a flatlining economy caused by the collapse of tourism during the coronavirus.

“The government hasn’t done a great job in controlling the protesters. They arrest them and let them out on bail, that’s why things have escalated. Tougher measures are needed,” said Senator Somchai.

Meanwhile, a hearing has been set for Wednesday at the constitutional court to determine whether Prayuth committed an illegal act by staying in an army residence after he retired from the military.

The court could ultimately remove him from office as it has done to several prime ministers before in times of political crisis — although they were aligned to the pro-democracy camp.

Experts say a Prayuth exit after six years, by order of the courts, could be a face-saving way for the establishment to meet one of the protesters’ three demands without being seen as bending to pressure.

But in the unlikely event the court removes a key establishment player, it is far from certain that would defang an increasingly angry protest movement.

"I've gone to almost every protest,” said Angkana. "I will fight as long as it takes to get all three demands answered. I won't budge."

There are fears of a military intervention if the crisis drags on, prompting the army chief to say that would not be the case.