Five Australian women are suing Qatar Airways in the New South Wales supreme court over a 2020 incident in which they were forcibly removed from aeroplanes at gunpoint in Doha, and some intimately examined without explanation or their consent.
The women are seeking damages from both Qatar Airways and the Qatar Civil Aviation Authority – owned by the Qatari government – over the “unlawful physical contact” and mental health impacts, including depression and post-traumatic stress disorder.
On 2 October 2020, women on planes on the ground at Doha, including 13 Australians, were subjected to the examinations as authorities searched for the mother of a newborn baby found abandoned in a plastic bag in the departures lounge at Hamad international airport.
Women on 10 flights, including five Australians who were on a Sydney-bound Qatar Airways flight, were removed from planes at gunpoint and taken into ambulances on the tarmac.
Some were instructed to remove their underwear and some were forced to submit to invasive gynaecological examinations for evidence they had recently given birth.
Women who were examined said they were given no information by officials on why they were being forcibly examined, and did not have an opportunity to provide informed consent.
The infant survived.
According to the statement of claim filed in the NSW supreme court, three of the five women were subjected to “unlawful physical contact”.
“Each of the applications has suffered … from anxiety, depression, post-traumatic stress disorders and other psychological effects.”
The women have incurred medical expenses, and some have suffered economic loss “as a result of needing to take medical leave from work due to the effects of the events on … mental health”.
Papers were served on Qatar Airways at the airline’s Melbourne offices on Thursday. The airline has not responded to requests for comment from the Guardian.
Damian Sturzaker, partner at Marque Lawyers, told the Guardian he was “proud to stand with this group of brave women who have been forced to take on the Qatar government after it gravely breached their human rights”.
Qatar is an ultra-conservative Muslim monarchy, where sex and childbirth outside marriage are punishable by jail. The mother of the child has since been identified. She is not a Qatari national.
Ahead of the football World Cup next month, the country has struggled to reassure critics its promises to protect women’s rights are credible.
Facing potentially devastating commercial and reputational damage after the incident, Qatar vowed to guarantee the future “safety and security” of passengers, without further details.
The Qatari prime minister, Sheikh Khalid bin Khalifa Al Thani, conceded standard security protocols had been violated, and expressed his “sincerest apology for what some female travellers went through”.
“We regret the unacceptable treatment of the female passengers,” he said.
An airport security official was charged and prosecuted, and received a suspended prison sentence.
But the Qatari government and Qatar Airways have failed to respond to entreaties from the Australian women to “provide a meaningful apology for the hurt and distress caused” as well as “provide assurances to both the complainants and the international community that this kind of conduct will never happen again”.
Marque Lawyers has filed a complaint on behalf of the women with the Australian government’s National Contact Point, under the OECD Guidelines for Multinational Enterprises. An initial assessment heard the airline’s “lack of response” was a further breach of their rights.
The legal action brought this week against Qatar Airways, and the state-run aviation authority, has been lodged in the NSW supreme court.
Under the 1999 Montreal Convention, which governs airline liability around the world and to which Australia and Qatar are both parties, an action for damages can be brought before the courts at the place of destination of the aircraft or in the territory where a passenger lives.
