In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten would die; extraordinarily, their leader, Bobby Sands, was voted in as an MP by the time of his death. Margaret Thatcher took a hardline public stance. However, ultimately, behind the scenes, the government was looking for an exit, and the public mood had shifted significantly.
An Escalating Danger to Lives
The well-being of the Palestine Action-affiliated remand prisoners now on hunger strike are at increasing risk. Last Friday, two reached day 48 without food. (For context, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died 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 likewise received medical care. Another three have abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. Two others have now ended their protest, one after being hospitalized.
The Circumstances of Detention
The prisoners are variously on remand for reported criminal damage, aggravated burglary and violent 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 usual six-month limit. Several may not be face trial until 2027. Demands include immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.
Ministers should rethink the banning order not because of this hunger strike, but because it was an disproportionate and repressive measure.
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 loss of life 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 proscription orders ought to have time limits. The government should not await for a judicial ruling; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
More urgently, it should address the issue of remand. Failures of the legal and prison systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait for such a duration for trial. Extended stays on remand are indefensible, apart from 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 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 hope that it will go away. Recently, 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 perfunctory. 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.