In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an resolution, and public opinion had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked 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 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, a single protester after being hospitalized.
The Circumstances of Imprisonment
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison before trial – far exceeding the standard custody limit. Several may not be tried until 2027. Demands include prompt release on bail, stopping restrictions on their communications and ending the proscription on Palestine Action.
Ministers should rethink proscription not because of 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 lack of action and seeming apathy when faced with the loss of life of tens of thousands in a war in Gaza. Over 1,600 arrests associated with 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 should be subject to time limits. The government should not await for a judicial ruling; it should reverse its decision 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 increasingly lengthy delays and poor prison conditions. No defendant should wait this long for trial. Extended stays on remand cannot be justified, except for in the most exceptionally serious 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 see 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.