In 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an resolution, and public opinion had shifted significantly.
A Growing Risk to Lives
The lives of the activists linked to Palestine Action remand prisoners now on hunger strike are at growing risk. Last Friday, 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 has been admitted 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 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 Context of Detention
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 reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – much longer the standard custody limit. Some may not be tried until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.
Ministers should rethink proscription not because of this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a glaring disparity between the government’s severe enthusiasm in this regard and its inaction 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 argued that proscription orders ought to have time limits. The government does not need to wait for a judicial ruling; it should reverse its decision now.
The Urgent Issue of Pre-Trial Detention
More urgently, it should tackle the issue of remand. Shortcomings 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 are indefensible, except for in the most exceptionally serious cases. Lawyers have noted that defendants could be tagged while waiting for their court date.
Government Inaction and A Call to Engage
Ministers have said that prisons handle around 200 hunger strikes a year and are highly familiar with them. The government is naturally cautious of establishing a precedent. But it should not simply ignore 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 “totally unacceptable”. When questioned on the prisoners, the Prime Minister’s response was cursory. The government must engage with the issue and examine the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ sharply declining health.