UN experts on Wednesday urged the United States to halt its first execution by nitrogen gas, warning that it could cause severe suffering and amount to torture, as a judge in the U.S. considers whether to permit this untested method later this month.
Main Facts
Four UN independent experts stated in a press release that U.S. authorities in Alabama and the federal government should stop the execution of Kenneth Eugene Smith scheduled for later this month, pending a review of the execution protocol.
In brief about the procedure: Any other scheduled executions using this method should be postponed until they are reviewed.
Commentary
Kenneth Eugene Smith is one of only two people alive in the U.S. who survived an execution attempt. In November 2022, Smith faced a failed execution by lethal injection. Despite a court order blocking Smith’s execution, officials attempted to carry out the lethal dose of drugs, which his legal team said caused excruciating pain amounting to torture. After months of failed attempts to execute Smith by lethal injection, Alabama announced plans to carry out his execution by forcing him to breathe pure nitrogen gas. Smith, whose lawyers argue that the second execution attempt is unconstitutional by any means, objected to the new method of execution. He claims that the nitrogen method could cause pain and suffering, and that the proper mask used to deliver the gas would also interfere with his ability to pray.
What to Watch For
A federal judge is considering whether to allow Smith’s execution after hearing arguments from Alabama and Smith. State lawyers dismissed Smith’s concerns about pain and suffering, including the possibility that he could be left in a vegetative state from lack of oxygen. They argued that these concerns are mere speculation and that the ban on cruel or unusual punishment does not prohibit all pain. State lawyers also dismissed Smith’s concerns about the interference the mask may cause with his ability to pray, noting that he could pray before it was put on. It is unclear when the judge will issue a ruling in the case.
Key Background
Nitrogen is an inert gas that makes up the majority – under 80% – of the air we breathe. It is typically harmless when inhaled with the adequate amounts of oxygen needed for survival, but it can become lethal in high concentrations. Theoretically, death by nitrogen-induced hypoxia is supposed to be painless and does not evoke a feeling of suffocation, which arises from the inability to breathe out carbon dioxide rather than the inability to inhale oxygen. However, problems may arise if the nitrogen concentration is insufficient, such as improper fitting of the mask or incorrect mixing of gases. Evidence on what happens to humans from nitrogen-induced hypoxia is limited, as most information comes from industrial accidents involving its use and cases of suicide. Veterinary experts generally consider the gas unacceptable as a means of euthanizing animals. Although responses vary significantly by species, there are reports that some animals exhibit signs of distress or increased respiration before losing consciousness. Amid difficulties in obtaining the necessary drugs for lethal injection, Alabama became the third state to authorize the use of this method in 2018, following Oklahoma and Mississippi. None of them has used the protocol so far.
Reading
Extensive
Alabama plans to execute a man using nitrogen gas. How will it work? Few know. (NBC News)
What does a person who survived a lethal injection execution feel? (The Guardian)
Alabama wants to execute by oxygen deprivation with nitrogen: what is it? (AP News)
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