Five Australian women who were strip-searched and invasively examined at Doha airport have failed in their bid to sue Qatar Airways.
They and other women were ordered off a flight and checked
for whether they had given birth after a baby was found abandoned in an airport
bin in 2020.
The incident sparked public outrage and it was condemned by
several nations.
An Australian court found the state-owned airline could not
be prosecuted under the laws governing global travel.
The five women filed a claim in the Federal Court of
Australia in 2021, seeking damages over the alleged "unlawful physical
contact" and false imprisonment, which had caused mental health impacts
including depression and post-traumatic stress disorder. Other passengers -
including from the UK and New Zealand - were not part of the lawsuit.
But on Wednesday, Justice John Halley found that Qatar
Airways could not be held responsible under a multilateral treaty called the
Montreal Convention, which is used to establish airline liability in the event
of death or injury to passengers.
He also found that the airline's staff could not have
influenced the actions of Qatari police who removed the women from the flight,
nor the nurses who examined them in ambulances on the tarmac.
That proposition "can fairly be characterised as
'fanciful, trifling, implausible, improbable, tenuous'", the judgment
said.
Justice Halley also struck out women's case against the
Qatar's aviation regulator, saying it was immune from foreign prosecution.
However he said they could pursue their claim against a
subsidiary of Qatar Airlines called Matar, which is contracted to run Hamad
International Airport.
They will be able to argue they were owed a duty of care by
Matar employees, who they allege failed to prevent the invasive searches.
The women have previously told the BBC they did not consent
to the examinations and were not given explanations for what was happening to
them.
"I felt like I had been raped," said British
grandmother Mandy, who asked to withhold her surname.
Another said she thought she was being kidnapped and held
hostage.
At the time, Qatari officials said the abandoned baby was
being cared for, and Prime Minister Khalid bin Khalifa bin Abdulaziz Al Thani
tweeted: "We regret the unacceptable treatment of the female passengers...
What took place does not reflect Qatar's laws or values."
The Gulf launched a criminal prosecution which led to a
suspended jail term for an airport official.
But lawyer Damian Sturzaker in 2021 told the BBC the women
were suing because of a perceived lack of action from Doha.
They wanted a formal apology from Qatar and for the airport
to change its procedures to make sure the incident does not happen again.
"By speaking up, we want to ensure that no woman is
ever subjected to the demoralising, horrendous treatment we were subjected
to," one of the women told the BBC.