During 1981, IRA and other republican prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, in private, the government was looking for an resolution, and public opinion had shifted significantly.
An Escalating Danger to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Last Friday, two reached day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah has been admitted in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Another three have refused food for more than 40 days and another, who has diabetes, consumes food only every other day. Two others have now ended their protest, one after hospitalisation.
The Context of Imprisonment
The prisoners are variously on remand for alleged vandalism, serious burglary and public 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 prior to their day in court – far exceeding the standard custody 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.
Ministers should rethink proscription not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Government Response
There is a glaring disparity between the government’s draconian zeal in this regard and its lack of action and seeming apathy 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. Expert assessors of terrorism laws have contended 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 Remand
More urgently, it should address the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most exceptionally serious cases. Lawyers have pointed out that defendants could be tagged while waiting for their court date.
Government Inaction and A Call to Engage
Ministers have said that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of establishing a precedent. But it should not simply disregard this in the hope that it will fade. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as completely unsatisfactory. When asked about the prisoners, the Prime Minister’s response was cursory. The government must address the issue and examine the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
