UN rights office calls on US to halt imminent execution of inmate by nitrogen hypoxia

By Beyza Binnur Donmez

GENEVA (AA) - The UN human rights office on Tuesday voiced alarm over the imminent execution of an inmate in the US by nitrogen hypoxia, urging the Southern state Alabama to call off the execution.

"We are alarmed by the imminent execution in the United States of America of Kenneth Eugene Smith, through the use of a novel and untested method – suffocation by nitrogen gas, which could amount to torture or other cruel, inhuman or degrading treatment or punishment under international human rights law," OHCHR spokesperson Ravina Shamdasani told a UN briefing in Geneva.

Smith, who was found guilty of murder for hire, is scheduled to be executed in the state of Alabama on Jan. 25 using the method, in which a person breathes only nitrogen and dies from a lack of oxygen.

"The UN Human Rights Office calls on Alabama state authorities to halt Smith’s execution, scheduled for 25-26 January, and to refrain from taking steps towards any other executions in this manner," Shamdasani said, adding that the inmate already has ongoing proceedings in federal court against his upcoming execution which have not been finally resolved.

Underlining that execution by nitrogen hypoxia – which has a protocol of breathing odorless and colorless gas for up to 15 minutes – has never been used in the US on humans before, she said: "We have serious concerns that Smith’s execution in these circumstances could breach the prohibition on torture or other cruel, inhuman, or degrading treatment or punishment, as well as his right to effective remedies."

Amendment 8 to the US Constitution explicitly prohibits cruel and unusual punishment.

The human rights office also expressed regret over the continued executions in a number of US states, saying this is "inconsistent with the fundamental right to life."

In November 2022, authorities in Alabama tried to execute Smith using lethal injection, but the attempt failed.