The United States Supreme Court issued a decision that has generated great controversy throughout the country.
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Last Wednesday, he refused to stop the execution of an Alabama death row inmate whose execution date is inexorably approaching, and what makes this case particularly disturbing is the method to be used: nitrogen gas.
This method, which is presented as a radically new alternative, has raised fears that it could inflict excessive pain or even considered torture.
Kenneth Smith, sentenced to death for the 1988 murder of Elizabeth Sennett, has expressed his strong opposition to being executed by nitrogen hypoxia, arguing that it violates his Eighth Amendment right to be free from cruel and unusual punishment. of the Constitution of the United States.
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The Supreme Court issued a brief injunction simply noting that Smith's request to stop his execution was denied. No judge publicly dissented in this decision, according to 'NBC News'.
However, Smith still has another lawsuit pending in federal court that could lead to a stay of his execution, scheduled for this Thursday at Holman Prison in Atmore, Alabama.
Alabama is one of three states in the United States that has approved the nitrogen hypoxia methodwhich involves administering nitrogen gas through a mask until the body is deprived of oxygen.
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Ravina Shamdasani, spokesperson for the UN human rights office in Geneva, has urged the state of Alabama to abandon plans to execute Smith using this “nascent and untested” method, which under international law could be considered torture.
Shamdasani stated emphatically that “the death penalty is incompatible with the fundamental right to life“, a position that the UN supports as a fundamental principle.
In contrast, the state of Alabama has defended its decision in court, arguing that this method is “perhaps the most humane method of execution ever invented.”
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The controversy surrounding the death penalty is also reflected in public opinion in the United States, since a recent Gallup poll revealed that only 53% of Americans support the death penalty for someone convicted of murder, marking the lowest level since 1972.
Capital punishment has been abolished in 23 US states, while in six other states (Arizona, California, Ohio, Oregon, Pennsylvania and Tennessee) governors have suspended its use.
What is death from nitrogen hypoxia all about?
The nitrogen hypoxia method, although novel, sparked concerns among experts and international human rights organizations. Asphyxiation involves depriving the prisoner of oxygen, making him breathe only nitrogenwhich deprives the brain and other tissues of oxygen, causing death.
Experts have expressed that this method could amount to cruel and inhuman treatment, and have even compared it to human experimentation. As they have noted, “experimental executions by gas asphyxiation will likely violate the prohibition of torture and other cruel, inhuman or degrading punishment.”
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The Supreme Court's decision and the use of this method in the United States have been the subject of concern by UN experts. They consider that these executions they go against the global trend towards abolition of the death penalty.
In the last three years, executions have increased considerably in the United States, doubling in 2023 compared to 2021.
UN mechanisms have continually highlighted the lack of adequate preparation in executions, the lack of transparency in execution protocols, and the use of untested drugs in the execution of prisoners in the United States.
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