During 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, demanding the restoration of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. But by the end, behind the scenes, the government was looking for an exit, and public opinion had changed dramatically.
A Growing Risk to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two marked day 48 without sustenance. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) The young activist Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have refused food for more than 40 days and another, who has diabetes, is eating only every other day. A further two have now ended their protest, a single protester after being hospitalized.
The Circumstances of Detention
The prisoners are variously on remand for reported criminal damage, aggravated 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 before trial – far exceeding the standard custody limit. Several may not be face trial until 2027. Their requests consist of prompt release on 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 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 apparent indifference when faced with the loss of life of tens of thousands during a conflict in Gaza. More than 1,600 arrests associated with 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 should not await 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 legal and prison systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have noted that defendants could be electronically monitored while awaiting trial.
Official Complacency and An Appeal for Dialogue
Authorities have stated 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 expectation 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 asked about the prisoners, the Prime Minister’s response was cursory. The government must address the issue and review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.
