Five Australian women who experienced an invasive search and examination at Doha Airport in 2020 are now entitled to sue Qatar Airways. That was after the Australian Federal Court granted their appeal.
This incident began when a baby was found neglected in the airport trash. Officers then ordered all female passengers to get off the plane to be examined whether they had just given birth. The event triggered international criticism.
Initially the lawsuit was rejected
In 2021, the victims sued Qatar Airways, Qatar Civil Aviation Authority, and Hamad International Airport operators, Matar. They demand compensation for illegal physical contact and arbitrary detention that triggers psychological trauma such as depression and PTSD.
However, in April 2024, John Halley’s judge decided that Qatar Airways could not be prosecuted based on the Montreal Convention, which regulates the responsibilities of the airlines towards passengers. He considered Qatar Airways staff could not possibly prevent the actions of the police and Qatar nurses who examined the passengers at the ambulance on the runway.
Halley also canceled the lawsuit against the Qatar flight regulator because it had an international legal immunity, despite allowing part of the lawsuit against the matr to be continued.
Comparative results paved the way to the conference
Three Federal Court judges, Angus Stewart, Debra Mortimer, and James Stellios, said that the judge had previously made a decision on the issue that should have been decided through trial.
They still refused the lawsuit against the Qatar flight regulator, but decided that the victims were entitled to continue the lawsuit against Qatar Airways and Matar.
With this decision, the case will continue to the full trial, said the victim’s lawyer, Damian Sturzaker.
“Our clients experienced severe trauma that night in Doha. They were entitled to get justice and compensation for their suffering,” Sturzaker was quoted as saying by The Australian.
Traumatic experience
The victims previously confessed to the BBC, they were not given an explanation or opportunity to refuse the examination.
“I feel like being raped,” said Mandy, a British grandmother who was a victim. Another victim claimed to have thought he was kidnapped.
Respons Qatar
The Qatar government has held a legal process that generates a conditional prison sentence for an airport official. However, the victims considered that the action was not enough. They demanded official apologies from Qatar and changes in airport procedures so that similar incidents did not happen. (BBC/Z-2)
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