During 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, calling for the return of their special category 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, behind the scenes, the government sought an exit, and the public mood had changed dramatically.
An Escalating Danger to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at increasing risk. Recently, two reached 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 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 another, who has diabetes, is eating only every other day. Two others have since called off their protest, a single protester after hospitalisation.
The Context of Detention
The prisoners are variously on remand for reported vandalism, serious 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. All will have spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Some may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the proscription on Palestine Action.
The government ought to reconsider proscription not because of this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a glaring disparity between the government’s severe enthusiasm in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. Over 1,600 arrests associated with 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 judicial ruling; it should change its mind now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should address the issue of remand. Failures 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 extraordinarily grave 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 understandably wary of establishing a precedent. But it should not simply disregard this in the expectation that it will go away. 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 perfunctory. The government must engage with the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.
