The United Nations has strongly criticized Alabama’s scheduled execution of death row prisoner Kenneth Eugene Smith, labeling the proposed nitrogen hypoxia method as “torture and inhuman treatment.” Smith was convicted in 1988 for the murder of Elizabeth Sennett, orchestrated by her husband for insurance payment.
Despite a federal judge’s recent approval for Alabama to use nitrogen gas, opponents argue it constitutes a never-before-used method akin to human experimentation, drawing parallels to torture. Smith survived a previous lethal injection attempt in 2022, and if executed, it would mark the first new execution method since lethal injection was introduced in 1982.
OHCHR Spokesperson Ravina Shamdasan urged Alabama to halt the execution scheduled for January 25-26, citing ongoing legal proceedings and the unsuccessful 2022 attempt. The international community raises concerns about the ethics of this new method.
Understanding Nitrogen Hypoxia and its Unprecedented Use
Nitrogen hypoxia, the proposed execution method, involves replacing breathable air with nitrogen through a respirator-style mask. Alabama, Mississippi, and Oklahoma have approved its use, but it has never been implemented. Unlike the historical gas chamber method, nitrogen hypoxia aims to induce unconsciousness rapidly by depriving the individual of oxygen.
78% of the air humans breathe is nitrogen, making it safe when combined with the right amount of oxygen. In nitrogen hypoxia, the absence of oxygen leads to unconsciousness and, eventually, death. This method is distinct from the gas chamber, historically using deadly chemicals like hydrogen cyanide.
Execution Procedure and Backlash
Alabama’s execution plan involves covering Smith’s face with an industrial mask and administering nitrogen gas for a minimum of fifteen minutes. Critics, including medical professionals, denounce this method. The American Veterinary Medical Association, in 2020, declared nitrogen hypoxia unsuitable for mammals due to the distressing “anoxic environment” it creates.
Smith’s attorneys argue he is being used as a “test subject” for this unproven execution method. Concerns about inducing nausea and potential torture have led to widespread opposition. The UN Office of the High Commissioner for Human Rights warns of human rights violations if the execution proceeds.
Legal Battles and Potential Ramifications
Legal challenges loom as the 11th U.S. Circuit Court of Appeals will hear arguments against the execution. Smith’s attorneys claim Alabama is using him as an “experiment” due to his survival of the 2022 lethal injection attempt. They argue this violates due process rights. Alabama Attorney General Steve Marshall’s office will appeal for execution approval.
The outcome could set a precedent – if the execution proceeds, other states may adopt nitrogen gas, but if blocked, it could impede the search for alternatives to capital punishment. The case raises ethical questions about the evolving landscape of execution methods in the United States.
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