Alabama’s Plan to Use Untested Nitrogen Gas Execution Method Faces Legal Challenge
Alabama’s plan to execute Kenneth Eugene Smith using an untested method of suffocating him with nitrogen gas is facing a legal challenge. Smith’s lawyers argue that his constitutional rights have been violated, and they express concerns about the potential for an agonizing death. The use of nitrogen gas for execution is not only opposed by some medical professionals but also by veterinarians who deem it distressing. The United Nations’ Office of The High Commissioner for Human Rights has also expressed alarm, stating that the untested method could amount to torture or other cruel treatment under international human rights law.
The Origins of the Nitrogen Gas Execution Plan
The discussion surrounding the use of nitrogen gas for state executions began in 2015 when the Oklahoma state legislature authorized it as an alternative to lethal injections. The idea was conceived by former Oklahoma state Rep. Mike Christian, who believed it to be a revolutionary method. Christian highlighted its accessibility, cost-effectiveness, and the state’s ability to produce nitrogen gas if necessary. The legislation went through multiple hearings and involved research from professors and individuals who had experienced hypoxia in the past. A 30-slide PowerPoint presentation and a 14-page document were used to present the method’s viability. However, testimony from medical professionals was notably absent, as many feared backlash.
Challenges and Concerns
Dr. Joel Zivot, an associate professor at Emory University’s School of Medicine, has serious concerns about Alabama’s plan to use nitrogen gas for execution. He questions the evidence provided by the state to support the method’s supposed lack of cruelty. Zivot has filed complaints with the U.N., emphasizing the potential visual impact of this execution method on witnesses. Critics also raise concerns about the risk of leaks and the danger posed to others in the vicinity. However, Michael Copeland, who assisted in the study of nitrogen gas as an execution method, believes that wearing an oximeter and ensuring proper ventilation can mitigate these risks.
Alabama’s Troubled Execution History
Alabama’s attempt to execute Smith using lethal injection in September 2022 was unsuccessful due to difficulties in finding a suitable vein. This incident followed two other failed executions, prompting Governor Kay Ivey to impose a moratorium on executions and review the state’s execution process. The details of Alabama’s nitrogen gas execution protocol have been largely redacted due to the state’s execution secrecy laws. Smith’s lawyer argues that the use of a face mask may increase the risk to Smith and questions whether the state will conduct sufficient checks to ensure its effectiveness.
Conclusion
Alabama’s plan to use an untested nitrogen gas execution method is facing legal challenges and opposition from medical professionals, veterinarians, and human rights advocates. While proponents of the method argue for its painlessness and humanity, critics express concerns about the potential for an agonizing death and the risk it poses to witnesses and others in the execution room. As the scheduled execution date approaches, questions remain about the viability and ethics of using nitrogen gas for capital punishment.