During 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; remarkably, 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. However, ultimately, in private, the government was looking for an exit, and the public mood had changed dramatically.
An Escalating Danger to Lives
The lives of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she reportedly 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. A further two have now ended their protest, a single protester after hospitalisation.
The Context of Detention
The prisoners are variously on remand for reported criminal damage, serious 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. All will have spent more than a year in prison prior to their day in court – far exceeding 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 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 draconian zeal in this regard and its inaction 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 three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that banning orders should be subject to time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should address the issue of remand. Shortcomings of the justice and penal 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 are indefensible, apart from in the most exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored while waiting for their court date.
Official Complacency and An Appeal for Dialogue
Ministers have said that prisons see around 200 hunger strikes a year and are highly familiar with them. The government is understandably wary of establishing a precedent. But it should not simply disregard this in the hope 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 questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must engage with the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.