During 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; remarkably, their leader, Bobby Sands, had been elected as an MP by the time of his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an resolution, and public opinion had shifted significantly.
An Escalating Danger to Health
The well-being of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two reached day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have refused food for more than 40 days and another, 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 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. Each has already spent more than a year in prison before trial – far exceeding the usual six-month limit. Several may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and ending the ban on Palestine Action.
The government ought to reconsider the banning order not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action 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 three months following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should change its mind now.
The Pressing Matter of Pre-Trial Detention
With greater immediacy, it should tackle the issue of remand. Shortcomings 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. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Lawyers have noted that defendants could be tagged while waiting for their court date.
Official Complacency and A Call to Engage
Ministers have said that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious 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 completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.