During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, 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. Margaret Thatcher took a hardline public stance. However, ultimately, in private, the government sought an exit, and public opinion had shifted significantly.
A Growing Risk to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two reached day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah has been admitted in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has also been treated. Three more have abstained from eating for more than 40 days and one other, 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 Imprisonment
The prisoners are variously on remand for alleged criminal damage, serious burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – much longer the standard custody limit. Some may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and ending the proscription on Palestine Action.
The government ought to reconsider proscription not due to this hunger strike, but because it was an illiberal overreaction.
A Striking Contrast in Official Reaction
There is a striking contrast 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 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 reverse its decision now.
The Pressing Matter of Remand
With greater immediacy, it should tackle the issue of remand. Shortcomings 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. Extended stays on remand are indefensible, except for in the most exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
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. Recently, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must address the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.
