During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike within the Maze Prison, demanding the restoration of their political status. Ten men ultimately perished; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. Margaret Thatcher took a hardline public stance. But by the end, in private, the government was looking for an exit, and public opinion had changed dramatically.
A Growing Risk to Lives
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked 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 is being treated in hospital after she reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Another three have abstained from eating for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have since called off their protest, a single protester after hospitalisation.
The Context of Detention
The prisoners are being held for alleged criminal damage, aggravated 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 before trial – much longer the standard custody limit. Several may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and ending the proscription on Palestine Action.
Ministers should rethink the banning order not because of 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 deaths of tens of thousands during a conflict 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 proscription orders ought to have time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.
The Urgent Issue of Remand
With greater immediacy, it should tackle the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays 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. Legal representatives have pointed out that defendants could be tagged while awaiting trial.
Government Inaction 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 setting precedents. But it should not simply disregard this in the hope 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 cursory. The government must address the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.