During 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return 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 adopted a publicly uncompromising position. But by the end, behind the scenes, the government was looking for an resolution, and public opinion had shifted significantly.
An Escalating Danger to Lives
The well-being of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at growing risk. Last Friday, two marked 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 is being treated 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 one other, who has diabetes, is eating only every other day. Two others have since called off their protest, one after being hospitalized.
The Circumstances of Imprisonment
The prisoners are variously on remand for alleged criminal damage, aggravated burglary and public disorder at a factory for Elbit Systems, an Israeli arms manufacturer, and in relation to an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison before trial – far exceeding the standard custody limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and ending the ban on Palestine Action.
Ministers should rethink the banning order not due to this hunger strike, but because it was an illiberal overreaction.
A Striking Contrast in Government Response
There is a striking contrast between the government’s draconian zeal in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands during a conflict in Gaza. More than 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 contended that banning orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.
The Pressing Matter of Remand
More urgently, 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 this long for trial. Such lengthy periods on remand are indefensible, except for in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored 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 “very experienced” with them. The government is understandably wary of setting precedents. But it should not simply ignore this in the expectation that it will fade. Last week, 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 review the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.