In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. But by the end, in private, the government was looking for an exit, and the public mood had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, 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 is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have abstained from eating for more than 40 days and another, who has diabetes, consumes food only every other day. A further two 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, aggravated 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 standard custody limit. Some may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the proscription 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 seeming apathy 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 ought to have time limits. The government should not await for a judicial ruling; it should reverse its decision now.
The Pressing Matter of Remand
More urgently, it should tackle the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, apart from in the most extraordinarily grave cases. Legal representatives have noted that defendants could be electronically monitored 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 disregard 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 completely unsatisfactory. When asked about 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’ sharply declining health.
