A Warsaw court dismissed a lawsuit filed by PiS leader Jarosław Kaczyński against Donald Tusk over a 2023 statement accusing the then-ruling party of being “serial killers of women.”
Political Criticism Limits
The court considered the boundaries of political discourse, with Kaczyński’s lawyer arguing for a heightened responsibility for public figures’ statements, citing European Court of Human Rights precedent.
The lawyer contended that Tusk’s statement incited emotion and division, serving no public interest.
Tusk’s Defense: Within Permissible Criticism
Tusk’s legal representative argued the statement wasn’t directed at Kaczyński personally but was part of a public debate regarding the government’s policies.
She emphasized that attributing political responsibility for deaths during pregnancy falls within the bounds of acceptable political criticism, especially given Tusk’s position as opposition leader at the time.
Court Ruling: Kaczyński Bears Moral Responsibility
Judge Tomasz Jaskłowski dismissed the lawsuit and ordered Kaczyński to pay 900 zł to Tusk for legal costs.
The court referenced the 2020 Constitutional Tribunal ruling that tightened abortion laws and the resulting political controversy, noting Tusk’s statement was made in that context.
The judge stated that while Kaczyński doesn’t bear legal responsibility, he holds moral responsibility for the tragedies resulting from the changes in abortion law, given his leadership role.
Context of the Statement
Tusk’s comment stemmed from the death of a 33-year-old pregnant woman in Nowy Targ due to septic shock, following the detection of fetal death via ultrasound.
The judge clarified that the statement did not directly accuse Kaczyński of being a “serial killer of women” but rather addressed the government’s policies and their consequences.