Experts have denounced Alabama’s planned execution of a death row inmate by nitrogen hypoxia — an untested suffocation method that they say could cause “grave suffering.”
CBS NEWS
Calls continue to mount for officials to halt the execution of a death row inmate in Alabama, who is scheduled to be put to death later this month using nitrogen hypoxia — a controversial method that international human rights experts have denounced for its potential to cause severe and unnecessary suffering.
“We are concerned that nitrogen hypoxia would result in a painful and humiliating death,” said a group of experts in a statement issued Wednesday by the United Nations. The experts — Morris Tidball-Binz, Alice Jill Edwards, Tlaeng Mofokeng and Margaret Satterthwaite — are part of the Human Rights Council’s special procedures program, where independent specialists work on a volunteer basis to investigate and advise on human rights issues across the world.
The human rights experts have appealed directly to U.S. federal authorities as well as authorities in Alabama, where they asked for a review of the state’s execution protocol, according to the U.N. Alabama is one of three U.S. states that allow nitrogen hypoxia as an alternative means for execution, alongside Oklahoma and Mississippi, although the Alabama execution would be the first in the country to actually happen using the method.
“This will be the first attempt at nitrogen hypoxia execution,” experts said in their U.N. statement, and noted that there is “no scientific evidence to prove” that execution by nitrogen inhalation will not cause “grave suffering.”
Alabama released its first execution protocol for nitrogen hypoxia in August, after authorizing it as a legal option for capital punishment in 2018 amid an ongoing shortage of lethal injection drugs. The method is designed to asphyxiate the condened inmate by forcing them to breathe pure nitrogen, or toxically high concentrations of nitrogen, through a gas mask. It is untested, and critics have noted that setting off a stream of nitrogen gas in the death chamber could even threaten the health of other people in the room.
The inmate scheduled to be executed this way in Alabama is Kenneth Eugene Smith, who was convicted in the 1998 killing of a preacher’s wife as part of a murder-for-hire plot. The state attempted to execute Smith the first time in November 2022, by lethal injection, but the execution was called off after prison staff failed to locate a suitable vein to inject the drugs, after trying for about an hour, said the Alabama Department of Corrections commissioner at the time, the Associated Press reported. Alabama has botched four lethal injections since 2018, and Smith is one of two death row inmates who survived.
Smith is now scheduled to be executed on Jan. 25.
Human rights experts warned that using nitrogen hypoxia for a death row execution likely violates a body of principles adopted by the U.N. to protect detained people and an international treaty against torture that U.S. signed decades ago. The pact, however, inlcudes a clause negating the treaty’s application to capital punishment as long as it is carried out in compliance with the Constitution. The U.S. Supreme Court has ruled that the Eighth Amendment, which prohibits cruel and unusual punishment, does not necessarily prohibit the death penalty.
