U.N. urges Alabama to halt first U.S. nitrogen gas execution
OAN’s Brooke Mallory
2:38 PM – Thursday, January 4, 2024
In a report released on Wednesday, United Nations officials are sounding the alarm over the planned execution of an Alabama prisoner using nitrogen gas, calling it an “untested” technique that could lead to torture or cruel treatment.
The panel of U.N. officials, part of the Human Rights Council’s special processes program, emphasized that the scheduled execution of Kenneth Eugene Smith would be the first of its kind and could result in “grave suffering.”
About two months ago, the Alabama Supreme Court approved the use of nitrogen hypoxia as a method of execution. This technique involves depriving the prisoner of oxygen, which is essential for bodily functions, as nitrogen makes up 78% of the air we breathe.
“We are concerned that nitrogen hypoxia would result in a painful and humiliating death,” the experts stated, adding that experimental gas asphyxiation executions, like nitrogen hypoxia, would likely violate the prohibition on torture and cruel punishment.
Smith’s execution is scheduled for January 25th, making Alabama the first state in the country to use nitrogen gas for executions.
In 1988, Smith was found guilty, along with another man, of hiring the killing of Elizabeth Sennett in Colbert County, Alabama.
U.S. Representative Mike Rogers (R-Ala.) criticized the U.N.’s focus on the execution, calling it “misplaced” and pointing out China’s unjust executions and genocide. He questioned why the U.N. Human Rights Council is prioritizing stopping a humane method of execution for a convicted murderer in Alabama.
The Alabama attorney general mentioned that Sennett’s family has waited “an unconscionable 35 years to see justice served.” Proponents of the nitrogen gas method argue that it is painless.
U.N. officials have pleaded with federal authorities in the United States and Alabama to postpone Smith’s execution and any others until the execution process is thoroughly examined.
In 2022, Alabama halted executions due to reports of unsuccessful lethal injections.
Smith contested the state’s decision to use lethal injection for his execution, and although the U.S. Supreme Court ruled in favor of the state, they chose not to revisit the lower court’s decision to allow Smith to die via fatal gas injection.
Alabama had authorized the use of nitrogen gas, but the procedures for its use had not been established at the time of the previous year’s decision.
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Why has the Alabama Supreme Court approved the use of nitrogen hypoxia as a method of execution?
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As the execution of Alabama prisoner Kenneth Eugene Smith using nitrogen gas draws near, United Nations officials are raising concerns about the untested nature of this technique. They argue that it could potentially lead to torture or cruel treatment, thereby violating the prohibition on such practices. The panel of U.N. officials, affiliated with the Human Rights Council’s special processes program, emphasizes that this scheduled execution would be the first of its kind and could result in “grave suffering.”
In recent months, the Alabama Supreme Court approved the use of nitrogen hypoxia as a method of execution. This technique involves depriving the prisoner of oxygen by introducing nitrogen gas, which constitutes 78% of the air we breathe. However, this untested process has raised concerns among human rights experts who fear that it could cause a painful and humiliating death.
Kenneth Eugene Smith’s execution is scheduled to take place on January 25th, making Alabama the first state in the country to utilize nitrogen gas for executions. Smith was found guilty in 1988, along with another individual, of orchestrating the killing of Elizabeth Sennett in Colbert County, Alabama.
U.S. Representative Mike Rogers of Alabama has criticized the U.N.’s focus on this particular execution, deeming it “misplaced” and highlighting other cases of unjust executions and genocide, particularly in China. He questions why the U.N. Human Rights Council is prioritizing the prevention of a humane method of execution for a convicted murderer in Alabama.
The Alabama attorney general has stressed that Sennett’s family has waited an unconscionable 35 years to see justice served. Furthermore, proponents of the nitrogen gas method argue that it is a painless alternative. However, U.N. officials are urging federal authorities in the United States and Alabama to postpone Smith’s execution and any others until a thorough examination of the execution process can be conducted.
In 2022, Alabama temporarily halted executions due to reports of unsuccessful lethal injections. In Smith’s case, he contested the state’s decision to use lethal injection for his execution. Although the U.S. Supreme Court ruled in favor of the state, they chose not to review the lower court’s decision to allow Smith’s death via fatal gas injection.
While Alabama had authorized the use of nitrogen gas, the procedures for its implementation had not yet been established at the time of the previous year’s decision.
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