In 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; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an exit, and the public mood had shifted significantly.
A Growing Risk to Health
The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing 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 likewise received medical care. Three more have refused food 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 hospitalisation.
The Context of Detention
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Several may not be face trial until 2027. Their requests consist of immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.
Ministers should rethink the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.
A Striking Contrast in Official Reaction
There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and seeming apathy when faced with the deaths 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. Independent reviewers of terrorism laws have contended that banning orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.
The Urgent Issue of Remand
More urgently, it should tackle the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Such lengthy periods on remand cannot be justified, except for in the most extraordinarily grave cases. Legal representatives have pointed out that defendants could be tagged while waiting for their court date.
Official Complacency and An Appeal for Dialogue
Authorities have stated 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 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 completely unsatisfactory. When questioned on 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.