During 1981, IRA and other republican prisoners initiated a hunger strike in Northern Ireland, calling for the return of their special category status. Ten would die; 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, in private, the government was looking for an resolution, and the public mood had shifted significantly.
A Growing Risk to Lives
The lives of the activists linked to Palestine Action detainees awaiting trial now on hunger strike are at growing risk. Recently, two marked day 48 without food. (By comparison, 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. Three more 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 hospitalisation.
The Context of Detention
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 reported intrusion at RAF Brize Norton. Each has already spent more than a year in prison prior to their day in court – far exceeding the usual six-month limit. Several may not be face trial until 2027. Their requests consist of immediate bail, stopping restrictions on their communications and revoking the proscription on Palestine Action.
Ministers should rethink the banning order not due to 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 draconian zeal in this regard and its inaction 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 three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that banning orders should be subject to 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. Failures 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. Lawyers have noted that defendants could be electronically monitored while waiting for their court date.
Official Complacency and A Call to Engage
Authorities have stated that prisons see around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious 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 “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’ sharply declining health.