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 would die; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an exit, and public opinion had changed dramatically.
An Escalating Danger to Health
The lives of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two reached day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist 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 refused food for more than 40 days and another, who has diabetes, consumes food only every other day. A further two have since called off their protest, a single protester after being hospitalized.
The Context of Imprisonment
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and public 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 prior to their day in court – far exceeding the standard custody limit. Several may not be tried until 2027. Demands include immediate bail, stopping restrictions on their communications and ending the ban on Palestine Action.
The government ought to reconsider proscription not because of this hunger strike, but because it was an illiberal overreaction.
A Striking Contrast in Government Response
There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. Over 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Expert assessors of terrorism laws have contended that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should address the issue of remand. Failures of the justice and penal 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 are indefensible, apart from in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.
Government Inaction 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 setting precedents. But it should not simply ignore this in the hope that it will fade. Recently, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.