In 1981, Irish Republican Army and fellow prisoners began 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. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government sought an exit, and public opinion had changed dramatically.
An Escalating Danger to Health
The well-being of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at increasing 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.) 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 abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, one after being hospitalized.
The Context of Imprisonment
The prisoners are variously on remand for alleged vandalism, aggravated 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. All will have spent more than a year in prison prior to their day in court – much longer the standard custody limit. Several may not be tried until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the ban on Palestine Action.
Ministers should rethink proscription not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity 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 deaths of tens of thousands in a war in Gaza. More than 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 contended that banning orders ought to have time limits. The government should not await for a judicial ruling; it should reverse its decision now.
The Urgent Issue of Remand
More urgently, it should address the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, except for in the most exceptionally serious cases. Lawyers have pointed out that defendants could be electronically monitored while waiting for their court date.
Official Complacency and An Appeal for Dialogue
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 expectation that it will fade. 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 perfunctory. The government must address the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.
