In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; remarkably, their leader, Bobby Sands, had been elected as an MP before his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government sought an exit, and the public mood had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at growing risk. Recently, two reached 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. 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, a single protester after hospitalisation.
The Circumstances of Imprisonment
The prisoners are variously on remand for alleged vandalism, serious burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, as well as an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison before trial – much longer the usual six-month limit. Some may not be face trial until 2027. Demands include prompt release on bail, stopping restrictions on their communications and revoking the ban on Palestine Action.
The government ought to reconsider the banning order not due to 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 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 three months following the ban’s introduction. Expert assessors of terrorism laws have argued that banning orders should be subject to 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
More urgently, it should tackle the issue of remand. Failures of the legal and prison 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 cannot be justified, apart from in the most extraordinarily grave cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.
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 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 “totally unacceptable”. When asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
