During 1981, Irish Republican Army and fellow prisoners initiated a hunger strike in Northern Ireland, calling for the return of their political status. Ten would die; extraordinarily, their leader, Bobby Sands, had been elected as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, behind the scenes, the government was looking for an resolution, and public opinion had changed dramatically.
An Escalating Danger to Health
The lives of the Palestine Action-affiliated detainees awaiting trial currently refusing food are at increasing risk. Last Friday, 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 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, consumes food only every other day. A further two have now ended their protest, one after being hospitalized.
The Context of Detention
The prisoners are variously on remand for reported vandalism, aggravated burglary and public disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison prior to their day in court – much longer the usual six-month limit. Several may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and revoking 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 Glaring Disparity in Government Response
There is a striking contrast 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. More than 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 argued that proscription orders should be subject to time limits. The government should not await for a high court judge; it should reverse its decision now.
The Pressing Matter of Pre-Trial Detention
More urgently, it should address the issue of remand. Failures of the legal and prison systems are leading to ever-longer waiting times and substandard detention environments. 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 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 go away. 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 cursory. The government must address the issue and review the arguments for bail. At present it looks worryingly unconcerned, given the prisoners’ rapidly deteriorating health.
