Post by : Meena Ariff

Photo: AP

In 2020, a very serious and upsetting incident happened at Doha airport in Qatar. Five Australian women were forced off their plane before it was about to take off. These women were taken away and strip-searched in a very invasive way. They were checked to see if any of them had recently given birth because a newborn baby was found abandoned in a bin in the airport bathroom.

This event shocked people around the world. Many felt it was wrong and humiliating for these women to be treated like this without explanation or consent. They did not understand why it was happening to them, and it left them traumatised.

Why Did The Women File A Case?

After this incident, in 2021, the five women decided to file a case against:

• Qatar Airways (the airline they were flying with)

• Qatar’s Civil Aviation Authority (the government body managing aviation in Qatar)

• Matar (the company that operates Hamad International Airport)

They said that what happened to them was “unlawful physical contact” and false imprisonment, meaning they were touched without their permission and were stopped from moving freely. They also explained that this caused them mental health problems like depression, fear, and post-traumatic stress disorder (PTSD). PTSD is when someone continues to feel scared and stressed long after a frightening event ends.

What Did The Court Say Earlier?

In April 2024, Justice John Halley, an Australian judge, looked at their case. He said Qatar Airways could not be held responsible under an international agreement called the Montreal Convention, which decides airline liability in cases of passenger injury or death.

The judge also thought that Qatar Airways staff could not have stopped what happened because it was done by Qatari police and nurses, not by airline workers. He said the idea that airline staff could have helped was “fanciful, trifling, implausible, improbable, and tenuous.” In simple words, he believed it was impossible for them to intervene.

Justice Halley also said the aviation authority of Qatar could not be prosecuted because it was protected from foreign legal action. However, he allowed the women to continue part of their case against Matar, the airport operator.

What Happened After The Women Appealed?

The five women were not satisfied with the judge’s decision. They felt their suffering was ignored, so they appealed to the Federal Court of Australia.

This time, three judges – Justice Angus Stewart, Justice Debra Mortimer, and Justice James Stellios – reviewed the earlier judgment. They found that Justice Halley had made errors because he ruled on things that should only be decided after a full trial with proper evidence and hearings.

These three judges agreed that the women cannot sue the aviation authority of Qatar, but they said the women do have the right to sue both Qatar Airways and Matar. This was an important victory for the women because it means their full case will now be heard in court, and they will get a chance to share their side of the story officially.

What Did The Women Experience?

The women described their experiences as deeply traumatic. One British woman, Mandy (who did not want her last name shared), said she felt as if she had been raped. Another woman thought she was being kidnapped and held hostage because she had no idea why she was being taken off the plane and examined in an ambulance on the runway.

They said no one explained what was happening, and they felt scared, powerless, and humiliated. The event affected their mental health badly. Many of them have needed therapy and support to recover from this trauma.

What Did Their Lawyer Say?

The lawyer representing these women is Damian Sturzaker. He said:

“Our clients endured a traumatic experience on that night in Doha. They deserve to have their day in court and compensation for their suffering.”

He explained that the women wanted justice not just for themselves, but also to make sure such an incident never happens again to any woman travelling through Doha.

What Action Did Qatar Take?

After this shocking event, Qatar launched a criminal case. An airport official was given a suspended jail sentence, meaning they were found guilty but did not go to jail immediately unless they committed another crime.

However, the women felt this was not enough. They wanted a formal apology from Qatar and a promise that the airport would change its security and emergency procedures so no one else would go through the same ordeal.

What Is The Montreal Convention?

The Montreal Convention is an international treaty used to decide who is responsible if a passenger is hurt or dies while travelling on an airline. In this case, Justice Halley initially said Qatar Airways could not be held responsible under this treaty, but the appeal court judges believed the situation was more complex and needed a full trial to decide fairly.

What Happens Next?

Now, the case will go to trial in the Federal Court of Australia. During the trial:

• The women will share their experiences in detail.

• Qatar Airways and Matar will have to explain their side.

• Judges will listen to evidence from both sides before deciding if the women should receive compensation.

This process may take many months, but it gives the women hope that their voices will be heard, and they may finally get justice for what they went through.

Why Is This Important?

This case is important for many reasons:

• Women’s Rights: It highlights how important it is for women to feel safe while travelling.

• Passenger Safety: Airlines and airports may review their policies to ensure passengers are treated with dignity and respect.

• Legal Rights: It shows that even large international companies can be held accountable in court if people feel they have been wronged.

What Do The Women Want?

The women are not just asking for money. They mainly want:

• An official apology from Qatar.

• Assurance that airport procedures will change so no one else suffers like them in the future.

They believe this will bring them peace and will protect future travellers from similar trauma.