The southern US state of Alabama is about to become the first state in the world to impose the death penalty due to nitrogen hypoxia. It is a controversial method that has also been approved in Mississippi and Oklahoma and has never been put into practice until now. At least until Thursday, January 25, 2024, 59-year-old Kenneth Eugene Smith is scheduled to be sentenced to death for the 1988 murder of a 45-year-old woman named Elizabeth Sennett. It was learned that his wife, who was an illegal farmer, wanted to collect the insurance premium for her debts and then committed suicide. In recent weeks, this case has been at the center of discussions in both the American and international press about this practice, which veterinarians avoid using as a method of euthanizing animals and which is considered tantamount to torture by various organizations. that is, defending human rights.
Kenneth Smith and the failed execution
Smith’s case caused controversy from the moment of the hearing. The jury decided to sentence the defendant to life imprisonment by 11 votes to 1, but the judge overturned the verdict and decided on the death penalty, which will be tried in 2022. The first lethal injection attempt failed. In this case, the medical team that would perform the procedure could not determine where to inject the poison, and the prisoner remained tied to the stretcher for hours before returning to his cell. After the first unsuccessful attempt, Alabama opted for the alternative method of nitrogen hypoxia.
How does nitrogen hypoxia work?
So how does this execution method work? The state of Alabama has released some details of the procedure, contained in a protocol of more than 40 pages. The procedure requires the prisoner to wear a mask through which he can breathe only nitrogen: In this way, the person is deprived of oxygen until he dies from asphyxiation. Nitrogen is administered for at least 15 minutes or 5 minutes from the time the absence of a heartbeat is noted. According to Alabama officials, the prisoner should lose consciousness within a few seconds and die a few minutes later without feeling any pain. This is all in theory, of course, because this method has never been tested before. There are many doubts
The protocol, which runs over 40 pages, requires the prisoner to wear a mask that allows him to breathe only nitrogen, thus depriving him of oxygen to the point of suffocation. “I’m afraid things will go wrong,” the prisoner admitted after some experts warned that the planned mask risked leaking and causing terrible suffering. This is all in theory, of course, because this method has never been tested before. There are many doubts: The mask may not fit properly, prolong the prisoner’s suffering, or leave him in a vegetative state. According to Amnesty International, “Execution using a previously untested method can be extremely painful and may constitute torture or other cruel, inhuman and degrading treatment or punishment in violation of international standards approved by the United States.”
Attempts to save Smith
Smith’s lawyers tried to block the trial multiple times. In November, the Alabama Supreme Court authorized the execution, and the decision was approved by a federal judge on January 10. Lawyers objected again, the first hearing was held last Friday, but the sentence has not been given yet. It’s possible the case could go all the way to the U.S. Supreme Court, but judges in the past have rarely stayed a death sentence so quickly and so close to the execution date. The prisoner also expressed his fears several times, feeling that he was being used as a laboratory guinea pig: “I’m afraid things will go wrong,” Smith admitted following the judges’ decision to opt for nitrogen hypoxia. As mentioned, one of the main dangers is that the mask is not worn, which will lead to leaks and therefore long and terrible suffering for the convict.
Meanwhile, calls to prevent execution are also increasing. Amnesty International called on Alabama’s governor to “use his pardon power to stay the conviction and cooperate with the state legislature to ensure that Bill 27, on retroactivity of sentence, is passed and enacted.” Smith was sentenced to death and Rocky Myers, another prisoner awaiting execution, could benefit from it.” Ravina Shamdasani, spokesperson for the UN human rights office OHCHR, also opposed this practice and compared it to torture: “The death penalty conflicts with the fundamental right to life. There is no evidence that would deter crime or create criminal sanctions. The unacceptable risk of executing innocent people. Rather than inventing new ways to impose the death penalty, we call on all states to impose a moratorium on its implementation as a step towards universal abolition. Smith argued, with expert evidence, that execution by gassing In his case, asphyxiation carries particular risks of pain and suffering. Moreover – as Shamdasani concluded – this could violate international agreements on civil rights and the prohibition of torture and other treatment or cruel, inhuman or degrading punishment.”
There was also a call from the Sant’Egidio community for Smith’s life to be saved: “This new execution using nitrogen could set a new standard of inhumanity in the world and especially for the state of Alabama – explained Mario Marazziti: ‘World Coalition Against the Death Penalty’ co-founder of – The great campaigns of civil rights conquest led by Martin Luther King in the 1960s began in this state, where the Rosa Parks protest was followed by the bus strike and the Selma march. This barbaric record left Alabama with an indelible shame in history “Even now, as then, if the governor does not save Kenneth’s life at the last minute, Italy, Europe and also the business world must protest. It discourages tourism, investments, in short, it weakens economic relations with this state.” “If this execution occurs – added Marazziti – the Western world must reconsider where to invest in America, “because every Italian or European coin used in Alabama will benefit a system that accepts this execution as a normal fact. “And all of this is contrary to Italian and European policies to stop the death penalty in the world.”
It’s an ever-present issue in the United States, where executions have decreased in recent years. We went from a peak of 98 death sentences executed in 1999 to 24 last year. According to polls published in US newspapers, a significant majority of Americans still support the death penalty. It’s a practice that Biden, unlike Trump, wants to eliminate.
Source: Today IT
Karen Clayton is a seasoned journalist and author at The Nation Update, with a focus on world news and current events. She has a background in international relations, which gives her a deep understanding of the political, economic and social factors that shape the global landscape. She writes about a wide range of topics, including conflicts, political upheavals, and economic trends, as well as humanitarian crisis and human rights issues.
