In a startling development, United Nations (UN) experts have called on U.S. authorities to suspend the planned execution of Kenneth Smith, scheduled for January 25 in Alabama. Smith, convicted for a murder-for-hire in 1988, faces an untested execution method employing pure nitrogen, which the experts argue may amount to “cruel, inhuman, or degrading treatment or even torture.”
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Uncharted Territory – Global First in Asphyxiation with Inert Gas
This execution, if carried out as planned, would mark the world’s first instance of judicial execution through asphyxiation with an inert gas. The method involves the use of a face mask connected to a nitrogen cylinder, designed to deprive the condemned of oxygen.
Kenneth Smith, aged 58, is one of only two individuals in the U.S. to survive an execution attempt. In November 2022, Alabama’s botched lethal injection resulted in multiple failed attempts to insert an intravenous line. Now, Smith faces the controversial prospect of nitrogen asphyxiation.
United Nations Special Rapporteurs Alarmed by Potential “Grave Suffering”
A statement from four UN human rights special rapporteurs expresses grave concern over the new execution method, warning it could inflict “grave suffering” and a “painful and humiliating death.” The experts contend that such an outcome would likely violate an international treaty, to which the U.S. is a signatory, prohibiting torture and other forms of cruel, inhuman, or degrading punishment.
Smith’s legal team contends that the untested gassing protocol may run afoul of the U.S. Constitution’s prohibition on “cruel and unusual punishments.” They argue that any attempt to execute him by any method, following the previous failed attempt, would be unconstitutional.
Legal Battle Unfolds – Federal Judge Considers Temporary Injunction
As the controversy unfolds, a federal judge in Alabama is currently deliberating whether to grant Smith’s request for a temporary injunction. This would halt the scheduled execution, allowing his lawsuit challenging the constitutionality of the new protocol to proceed.
Silence from Officials – United Nations Questions Unanswered
While Smith’s attorneys and the Alabama Department of Corrections have refrained from commenting on the matter, spokespersons for Alabama Governor Kay Ivey and the U.S. State Department have yet to respond to inquiries regarding the UN experts’ statement.
The impending execution of Kenneth Smith by nitrogen asphyxiation has sparked an international outcry and legal challenges. As UN experts raise alarms over potential violations of international treaties and constitutional prohibitions on cruel punishment, the case stands as a controversial and uncharted chapter in the annals of capital punishment. The unfolding legal battle will determine the fate of this unprecedented execution method in the United States.
