During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, in private, the government sought an exit, and the public mood had changed dramatically.
A Growing Risk to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at growing risk. Last Friday, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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 likewise received medical care. 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, one after being hospitalized.
The Circumstances of Imprisonment
The prisoners are being held for reported criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an reported intrusion at RAF Brize Norton. Each has already 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. Demands include immediate bail, stopping restrictions on their communications and revoking the ban 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 Government Response
There is a striking contrast between the government’s severe enthusiasm in this regard and its inaction and apparent indifference when faced with the loss of life 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. Independent reviewers of terrorism laws have argued that proscription orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.
The Urgent Issue of Remand
With greater immediacy, it should tackle the issue of remand. Shortcomings 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 cannot be justified, apart from 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 A Call to Engage
Ministers have said that prisons handle 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 disregard this in the hope 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 perfunctory. The government must address the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.