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Human Rights Watch has written to the attorney general saying ministers’ claims that they cannot intervene in the hunger strike by Palestine Action-affiliated prisoners is “not fully true”.
One of the demands by those refusing food is for immediate bail and the NGO says Richard Hermer, the government’s most senior law officer, could facilitate this by instructing prosecutors not to oppose their bail applications, although the government denied this.
Heba Muraisi, 31, is on day 73 of her hunger strike, the same number of days as reached by the Irish republican hunger striker Kieran Doherty, who survived the longest of 10 men who died in a 1981 action.
The letter, sent by the UK director of Human Rights Watch, Yasmine Ahmed, expresses “grave concern regarding the continued pre-trial detention and deteriorating health of Muraisi and other individuals from the group Palestine Action”. It challenges ministers’ repeated assertions that they cannot and must not interfere in judicial matters.
Ahmed wrote: “It has been suggested by government representatives that these matters rest solely with the independent judiciary. This is not fully true. While decisions on bail are rightly made by the courts, we understand that the attorney general or the director of public prosecutions could notify defence counsel that should a fresh application for bail be made, the government will cooperate in bringing it promptly before the high court and will not oppose a grant of bail.
“Human Rights Watch urges you to take immediate steps to review the length and conditions of pre-trial detention faced by Ms Muraisi and other protesters, and to make clear that the government will not stand in the way of urgent judicial consideration of bail of those direct action protesters who have been detained beyond the maximum limit.
“Responsibility for preventing foreseeable loss of life in state custody, especially by those held beyond maximum government guidelines, cannot be disclaimed.”
The standard maximum pre-trial custody limit is six months. The letter says Muraisi is reportedly at imminent risk of death and has spent more than 400 days in custody, with her trial not scheduled until June.
Human Rights Watch’s position is the same as that set out by the retired court of appeal judge, Stephen Sedley, in a letter to the Guardian in which he said the attorney general or director of public prosecutions could intervene.
“The length of her pre-trial detention and the concerns raised about her conditions, including by UN experts, gives rise to serious questions about the United Kingdom’s compliance with its human rights obligations,” Ahmed wrote.
The other hunger strikers are Kamran Ahmed, 28, who is on day 66, Lewie Chiaramello, 22, who has type 1 diabetes and has been fasting every other day for 46 days, and Umar Khalid, 22, who resumed refusing food on Saturday after previously pausing his protest. All four of those protesting will have spent more than 18 months in prison before going on trial for Palestine Action-related activities.
As well as immediate bail, other demands include a fair trial, deproscription of Palestine Action and that Muraisi be moved back to a jail nearer her family and support group.
A government spokesperson said: “It would be unconstitutional for ministers to intervene in this case – undermining the independence of the judiciary – and the law officers have no role in the bail process.”
