United States: Experts Call For Urgent Ban On Executions By Nitrogen Gas In Alabama

GENEVA (20 November 2024) – UN experts* today expressed alarm at an imminent execution in the United States using nitrogen hypoxia and said that this method may amount to cruel, inhuman or degrading treatment, or even torture.

The execution of Carey Grayson scheduled for 21 November 2024 would be the third time nitrogen has been used to carry out the death penalty. The experts have previously raised concerns about this method of execution.**

The first person ever to be executed in this way in February 2024, Kenneth Smith, reportedly took more than 20 minutes to die and writhed and convulsed on the gurney.

“We reiterate our call for an urgent ban on execution by nitrogen asphyxiation, which is clearly prohibited under international law,” the experts said, reminding the United States of its international obligations as a party to both the International Covenant on Civil and Political Rights and the Convention against Cruel, Inhuman or Degrading Treatment or Punishment.

The experts also expressed concern that defendants challenging their execution method on the basis that it may constitute inhumane or degrading treatment in the United States of America needed to prove there is an alternative method of execution available.

“We emphasise that the prohibition on torture or to cruel, inhuman or degrading treatment or punishment is absolute, never acceptable and not dependant on alternatives.”

The experts also underlined their grave concern that other US states were taking steps to use nitrogen gas inhalation as a method of execution.

“This case further echoes concern over the lack of effective legal assistance and accommodations to guarantee fair trial and due process in criminal cases against persons with intellectual and psychosocial disabilities,” the experts said, noting that Grayson had bipolar disorder in his youth.

They appealed to Federal and State authorities in the United States and the State of Alabama to halt Grayson’s execution and any others scheduled to be executed in this manner and to join the growing global consensus towards universal abolition of the death penalty – beginning by promptly imposing a moratorium on executions.

*The experts: Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions; Alice Jill Edwards,Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Ashwini K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Matthew Gillett (Chair-Rapporteur), Ganna Yudkivska (Vice-Chair on Communications), Priya Gopalan (Vice-Chair on Follow-Up), Miriam Estrada Castillo, and Mumba Malila, Working Group on arbitrary detention.

** The experts wrote to the United States of America in December 2023, they received an acknowledgement of receipt. No substantive response has been received to date. The experts also issued a press release on 3 January 2024 and on 30 January 2024.

© Scoop Media