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; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an exit, and public opinion had shifted significantly.
A Growing Risk to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Recently, two reached day 48 without food. (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 refused food 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, a single protester after being hospitalized.
The Context of Imprisonment
The prisoners are being held for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, and in relation to an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Several may not be face trial until 2027. Demands include prompt release on bail, lifting limits on their communications and ending the proscription on Palestine Action.
The government ought to reconsider the banning order not because of 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 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. Over 1,600 arrests associated with support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have contended that banning orders should be subject to time limits. The government should not await for a high court judge; it should change its mind now.
The Urgent Issue of Remand
With greater immediacy, it should tackle the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Such lengthy periods on remand cannot be justified, apart from in the most extraordinarily grave cases. Lawyers have noted that defendants could be electronically monitored while awaiting trial.
Government Inaction 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 establishing a precedent. 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 asked about the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and review the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
