In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, 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. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, in private, the government sought an resolution, and public opinion had changed dramatically.
A Growing Risk to Lives
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. (By comparison, 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 was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have now ended their protest, a single protester after hospitalisation.
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 reported intrusion at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the standard custody 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 proscription on Palestine Action.
Ministers should rethink the banning order 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 apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the quarter 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
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 for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.
Government Inaction and A Call to Engage
Authorities have stated that prisons handle around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of establishing a precedent. But it should not simply ignore this in the hope that it will go away. 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 cursory. The government must engage with the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.
