Alabama, USA. The recent execution of Kenneth Eugene Smith in the southern state of Alabama has triggered widespread condemnation from human rights experts who label the use of nitrogen gas suffocation as “outrageous” and “State-sanctioned torture.”
Smith, 58, convicted of murder in 1988, faced a controversial execution method that drew sharp criticism for its experimental nature and alleged inhumanity.
In a strongly worded statement, four UN Special Rapporteurs condemned Alabama’s decision to use Mr. Smith as a “human guinea pig” for testing a new execution method.
They asserted that the use of nitrogen gas inhalation, especially on an experimental basis, amounts to unethical human experimentation and constitutes state-sanctioned torture.
The experts expressed their concern over the lack of scientific evidence supporting this method and the potential for causing undue suffering.
Painful and Humiliating Death
The experts echoed the sentiments of UN High Commissioner for Human Rights Volker Türk, who had previously called for a stay of execution.
They highlighted that nitrogen gas inhalation leads to a painful and humiliating death, a method deemed contrary to international law.
Contrary to the authorities’ predictions of a “swift, painless, and humane” death, witnesses reported that Smith took over 20 minutes to die, during which he writhed and convulsed on the gurney, gasping for air and pulling on the restraints.
Decades on Death Row
Kenneth Eugene Smith’s case was marred by a prolonged legal battle, spending decades on death row after being initially convicted in 1988 for the murder-for-hire killing of Elizabeth Sennett.
His first death sentence in 1989 was dismissed on procedural grounds, leading to a retrial in 1996. Despite a nearly unanimous jury vote for a life sentence, the trial judge overrode the decision and imposed the death penalty instead.
This was not Smith’s first encounter with a botched execution. In 2022, he survived a lengthy execution by intravenous injection that reportedly amounted to torture.
The recent use of nitrogen gas raised concerns about the potential for repeating such incidents and the broader implications for the death penalty in the United States.
Call for a Ban and Global Abolition
The human rights experts expressed their grave concern that other US states are considering adopting nitrogen gas inhalation as an execution method.
They called for an outright ban on this “barbaric” practice, reminding the United States of its obligations under international treaties that prohibit cruel, inhuman, or degrading treatment or punishment.
The experts stated that Kenneth Eugene Smith’s execution serves as a stark reminder of the brutality inherent in the death penalty and urged intensified calls for its abolition both in the United States and globally.
About UN Experts
The four UN Special Rapporteurs, located in Geneva, issued the statement. Their mandates cover extrajudicial, summary, or arbitrary executions; torture and other cruel, inhuman, or degrading treatment or punishment; the independence of judges and lawyers; and the right to enjoy the highest standard of physical and mental health.
While not UN staff, these experts are appointed by the UN Human Rights Council, operating independently and without compensation for their work.
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