The United Nations Human Rights Office warns that Alabama’s planned execution using nitrogen gas may violate international laws against torture. The execution of Kenneth Smith, scheduled for January 25, has drawn criticism from UN officials, citing potential breaches of the US Constitution and international human rights treaties.
Alabama authorities plan to execute Kenneth Smith, convicted of a 1988 murder, using nitrogen gas, a method never before used for capital punishment. This approach comes as the US faces challenges in obtaining traditional execution drugs due to a European ban on their sale for this purpose.
Table of Contents
Violation of Constitutional and UN Human Rights
UN spokesperson Ravina Shamdasani states that the execution may violate the US Constitution’s prohibition of cruel and unusual punishment and two international human rights treaties. The Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment could be breached, raising concerns about the use of nitrogen gas.
International Opposition to the Death Penalty
The UN emphasizes that the death penalty is inconsistent with the fundamental right to life and lacks evidence of deterring crime. The push for alternative execution methods raises concerns, and the UN calls for a moratorium on capital punishment as a step toward universal abolition.
First-of-Its-Kind Execution
Kenneth Smith’s execution, if carried out, would mark the world’s first use of “asphyxiation with an inert gas” in capital punishment. Experts argue that the untested nature of this method and its potential for causing suffering warrant a reconsideration of the execution.
Legal Challenges and Botched Previous Attempt
Smith’s legal challenge against the execution method was rejected, allowing Alabama to proceed. However, the plan does not meet standards set by the American Veterinary Medical Association, which recommends sedation for euthanizing animals with nitrogen gas. A previous attempt to execute Smith in 2022 was botched, raising concerns about the state’s readiness for this unconventional method.
Global Criticism of Gas Asphyxiation
The UN Human Rights Committee has criticized the use of gas asphyxiation as an execution method, especially when untested. The international community opposes widening the use of the death penalty, urging states to reconsider their approach to capital punishment.
Amnesty International highlights flaws in Smith’s legal process, where the jury supported life imprisonment without parole, but a judge imposed the death penalty. The use of a judicial override system, outlawed in Alabama in 2017, raises questions about the fairness of Smith’s sentence.
Concerns about Execution Procedure
Alabama officials’ uncertainty about the execution procedure, including the requirement for Smith’s spiritual adviser to sign a waiver and maintain a distance due to potential risks, adds to the criticism. The state’s eagerness to pursue this untested method raises ethical questions about pursuing efficiency over human life.
As the US continues its capital punishment practices, the UN’s opposition to Alabama’s planned nitrogen execution underscores the international community’s concerns about potential human rights violations. The use of untested methods and the pursuit of alternatives to traditional execution drugs raise ethical and legal questions that demand careful consideration.