During 1981, IRA and other republican prisoners began 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 by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government sought an exit, and public opinion had shifted significantly.
An Escalating Danger to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Last Friday, two reached day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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 also been treated. Another three have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. Two others 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, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, 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 – much longer the usual six-month limit. Several may not be face trial until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and ending the ban on Palestine Action.
The government ought to reconsider the banning order not because of this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity 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 loss of life of tens of thousands during a conflict in Gaza. More than 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 should be subject to time limits. The government does not need to wait for a high court judge; it should reverse its decision now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should tackle the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times 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. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.
Official Complacency and A Call to Engage
Ministers have said that prisons see 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 expectation that it will go away. 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 address the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.
