In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government sought an exit, and the public mood had shifted significantly.
A Growing Risk to Health
The lives of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing risk. Recently, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after being hospitalized.
The Circumstances of Imprisonment
The prisoners are being held for alleged vandalism, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – much longer the usual six-month limit. Some may not be tried until 2027. Demands include immediate bail, lifting limits on their communications and ending the ban on Palestine Action.
Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.
A Striking Contrast in Government Response
There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the deaths of tens of thousands during a conflict in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have contended that proscription orders ought to have time limits. The government does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
More urgently, it should tackle the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait this long for trial. Such lengthy periods on remand are indefensible, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.
Official Complacency and A Call to Engage
Authorities have stated that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of establishing a precedent. But it should not simply ignore this in the expectation that it will go away. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must address the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.