UN human rights agency has appealed to the U.S. Government to halt the imminent execution of an American prisoner by a new and untested method – suffocation by nitrogen gas.
Kenneth Eugene Smith, who was convicted of murder in 1988, is scheduled to be executed on January 25-26 in the southern state of Alabama.
If carried out, it would mark the first execution by nitrogen asphyxiation in the United States.
OHCHR Spokesperson Ravina Shamdasani said it could amount to torture or other cruel, inhuman or degrading treatment or punishment under international human rights law.
“The UN human rights office calls on Alabama state authorities to halt Smith’s execution, scheduled for 25-26 January, and to refrain from taking steps towards any other executions in this manner,” she said, speaking in Geneva.
“Alabama already sought to execute Smith unsuccessfully by lethal injection in 2022. Smith also has ongoing proceedings in federal court against his upcoming execution which have not been finally resolved,” she added.
Shamdasani noted that Alabama makes no provision for sedation prior to execution by nitrogen asphyxiation.
“The American Veterinary Medical Association recommends giving even large animals a sedative when being euthanized in this manner,” she said.
The Alabama state protocol on execution also refers to the gas being administered for up to 15 minutes.
“Smith has also advanced, with expert evidence, that such an execution by gas asphyxiation, in his case, risks particular pain and suffering,” she said.
Expressing OHCHR’s serious concern, Shamdasani urged all States to put in place a moratorium on the death penalty, as a step towards universal abolition.
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