In 1981, IRA and other republican prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, 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 detainees awaiting trial currently refusing food are at growing 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 has been admitted in hospital after she was said to have 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, is eating only every other day. A further two have now ended their protest, a single protester after hospitalisation.
The Context of Imprisonment
The prisoners are variously on remand for reported criminal damage, serious burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, 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 usual six-month limit. Several may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.
Ministers should rethink the banning order not due to this hunger strike, but because it was an disproportionate and repressive measure.
A Striking Contrast in Official Reaction
There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and seeming apathy when faced with the deaths of tens of thousands during a conflict 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 banning orders should be subject to time limits. The government should not await for a judicial ruling; it should change its mind now.
The Pressing Matter of Remand
With greater immediacy, it should address 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 for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most exceptionally serious cases. Legal representatives have noted that defendants could be tagged while awaiting trial.
Government Inaction 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 understandably wary of establishing a precedent. But it should not simply ignore this in the hope 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 address the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ sharply declining health.