During 1981, Irish Republican Army and fellow prisoners began 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 by the time of his death. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government was looking for an exit, and public opinion had changed dramatically.
A Growing Risk to Lives
The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at increasing risk. Recently, two reached day 48 without sustenance. (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 one other, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after hospitalisation.
The Circumstances of Imprisonment
The prisoners are variously on remand for alleged vandalism, serious burglary and violent 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 before trial – 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 proscription on Palestine Action.
The government ought to reconsider proscription not due to this hunger strike, but because it was an disproportionate and repressive measure.
A Glaring Disparity 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 deaths of tens of thousands during a conflict in Gaza. Over 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 argued that banning orders ought to have time limits. The government does not need to wait for a high court judge; 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 ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Extended stays on remand cannot be justified, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored 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 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 completely unsatisfactory. 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.