During 1981, Irish Republican Army and fellow 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 by the time of his death. The then-Prime Minister adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an resolution, and the public mood had changed dramatically.
An Escalating Danger to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old 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. Three more have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. Two others have since called off their protest, one after hospitalisation.
The Context of Imprisonment
The prisoners are variously on remand for alleged criminal damage, serious burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an reported intrusion 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 tried until 2027. Demands include immediate bail, lifting limits on their communications and ending the ban on Palestine Action.
Ministers should rethink the banning order not because of this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a glaring disparity 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. Over 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 does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
With greater immediacy, it should address 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 this long for trial. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
Official Complacency and A Call to Engage
Ministers have said that prisons see 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 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 engage with the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
