During 1981, IRA and other republican prisoners began 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 by the time of his death. Margaret Thatcher took a hardline public stance. But by the end, in private, the government was looking for an exit, and public opinion had changed dramatically.
An Escalating Danger to Lives
The lives of the activists linked to Palestine Action detainees awaiting trial currently refusing food are at increasing 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.) 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 abstained from eating for more than 40 days and one other, who has diabetes, consumes food only every other day. Two others have since called off their protest, one after being hospitalized.
The Context of Imprisonment
The prisoners are variously on remand for reported vandalism, 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. 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 proscription on Palestine Action.
Ministers should rethink the banning order 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 draconian zeal in this regard and its lack of action and seeming apathy when faced with the loss of life of tens of thousands during a conflict in Gaza. More than 1,600 arrests associated with 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 does not need to wait for a high court judge; it should reverse its decision now.
The Pressing Matter of Pre-Trial Detention
With greater immediacy, it should tackle the issue of remand. Failures of the justice and penal systems are leading to ever-longer waiting times and substandard detention environments. No defendant should wait this long for trial. Extended stays on remand cannot be justified, except for in the most exceptionally serious cases. Legal representatives have noted that defendants could be electronically monitored 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 “very experienced” with them. The government is understandably wary of setting precedents. 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 questioned on the prisoners, the Prime Minister’s response was perfunctory. The government must address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ sharply declining health.
