During 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, 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 resolution, and public opinion had shifted significantly.
A Growing Risk to Lives
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three 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, one after being hospitalized.
The Context of Imprisonment
The prisoners are being held for alleged criminal damage, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an alleged break-in at RAF Brize Norton. Each has already spent more than a year in prison before trial – much longer the standard custody limit. Some may not be face trial until 2027. Demands include immediate bail, lifting limits on their communications and ending the proscription on Palestine Action.
Ministers should rethink proscription 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 inaction and apparent indifference when faced with the deaths 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. Independent reviewers of terrorism laws have argued that proscription orders ought to have time limits. The government should not await for a high court judge; it should reverse its decision now.
The Urgent Issue of Remand
With greater immediacy, it should address the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Legal representatives have noted that defendants could be tagged while waiting for their court date.
Official Complacency and A Call to Engage
Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is understandably wary of establishing a precedent. But it should not simply ignore 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 “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. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.
