In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, in private, the government was looking for an resolution, and public opinion had changed dramatically.
A Growing Risk to Health
The well-being of the Palestine Action-affiliated remand prisoners now on hunger strike are at growing risk. Last Friday, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have since called off their protest, a single protester after being hospitalized.
The Circumstances of Detention
The prisoners are being held for alleged criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the standard custody limit. Some may not be face trial until 2027. Demands include immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.
Ministers should rethink the banning order not because of this hunger strike, but because it was an illiberal overreaction.
A Striking Contrast in Official Reaction
There is a glaring disparity between the government’s draconian zeal in this regard and its inaction and seeming apathy when faced with the loss of life of tens of thousands in a war in Gaza. More than 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have argued that proscription orders should be subject to 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 address the issue of remand. Shortcomings of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while awaiting trial.
Official Complacency and A Call to Engage
Authorities have stated that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of establishing a precedent. But it should not simply ignore this in the expectation that it will fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.