In 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; 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 resolution, 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 growing risk. Last Friday, two reached day 48 without sustenance. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – died on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have refused food for more than 40 days and one other, who has diabetes, consumes food only every other day. A further two have since called off their protest, one after hospitalisation.
The Context of Imprisonment
The prisoners are being held for reported criminal damage, 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. Each has already spent more than a year in prison prior to their day in court – far exceeding the standard custody limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, stopping restrictions on their communications and ending the proscription on Palestine Action.
The government ought to reconsider proscription 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 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. Expert assessors of terrorism laws have contended that banning orders should be subject to time limits. The government should not await 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 increasingly lengthy delays and substandard detention environments. No defendant should wait for such a duration for trial. Extended stays on remand cannot be justified, apart from in the most exceptionally serious cases. Legal representatives have pointed out that defendants could be tagged while awaiting trial.
Official Complacency and A Call to Engage
Authorities have stated 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 disregard 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 “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 worryingly unconcerned, given the prisoners’ sharply declining health.