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, had been elected as an MP by the time of his death. Margaret Thatcher adopted a publicly uncompromising position. But by the end, in private, the government was looking for an exit, and the public mood had shifted significantly.
An Escalating Danger to Health
The well-being of the Palestine Action-affiliated detainees awaiting trial now on hunger strike are at increasing risk. Last Friday, two marked 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 reportedly collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have abstained from eating for more than 40 days and another, who has diabetes, is eating only every other day. Two others have since called off their protest, one after being hospitalized.
The Circumstances of Detention
The prisoners are variously on remand for alleged criminal damage, 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 before trial – far exceeding the usual six-month limit. Some may not be tried until 2027. Their requests consist of immediate bail, lifting limits on their communications and revoking the proscription on Palestine Action.
The government ought to reconsider the banning order not due to this hunger strike, but because it was an illiberal overreaction.
A Glaring Disparity in Official Reaction
There is a striking contrast between the government’s draconian zeal in this regard and its inaction and apparent indifference when faced with the loss of life of tens of thousands in a war in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the quarter following the ban’s introduction. Independent reviewers of terrorism laws have contended that proscription orders should be subject to time limits. The government does not need to wait for a high court judge; it should change its mind now.
The Urgent Issue of Pre-Trial Detention
With greater immediacy, it should address the issue of remand. Shortcomings of the legal and prison 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 extraordinarily grave cases. Lawyers have pointed out that defendants could be electronically monitored while awaiting trial.
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 ignore this in the hope that it will fade. 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 address the issue and review the arguments for bail. Currently it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.
