In 1981, Irish Republican Army and fellow prisoners began a hunger strike in Northern Ireland, demanding the restoration of their special category status. Ten would die; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an resolution, and the public mood had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at growing risk. Recently, two marked day 48 without food. (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 likewise received medical care. Another three have refused food for more than 40 days and another, who has diabetes, is eating only every other day. A further two have since called off their protest, a single protester after hospitalisation.
The Circumstances of Detention
The prisoners are being held 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. Each has already spent more than a year in prison before trial – much longer the standard custody limit. Several may not be face trial until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and ending the ban on Palestine Action.
The government ought to reconsider proscription not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Government Response
There is a glaring disparity 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 should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
With greater immediacy, it should address the issue of remand. Shortcomings of the justice and penal systems are leading to ever-longer waiting times and poor prison conditions. No defendant should wait for such a duration for trial. Such lengthy periods on remand are indefensible, except for 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 see 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 hope that it will fade. 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 perfunctory. The government must address the issue and examine the arguments for bail. Currently it looks worryingly unconcerned, given the prisoners’ sharply declining health.