Launching severe criticism against the U.S., United Nations experts on Wednesday made an urgent plea to stop the scheduled execution of prisoner Kenneth Smith. The intended use of pure nitrogen for asphyxiation, an untested method, might expose the condemned to inhumane treatment or potential torture, according to the experts.
Smith, convicted for a plotted murder committed in 1988, is set for execution on January 25 in Alabama. The method, designed to attach a face mask linked to a nitrogen cylinder, is expected to deprive Smith of oxygen. If resorted, it would mark the first-ever judicial execution globally using asphyxiation by an inert gas, affirm capital-punishment experts.
At 58, Smith is one among merely two individuals in the U.S. who have survived an execution attempt. This unfortunate event took place in Alabama back in November 2022, when Smith's intended execution by lethal injection was horribly botched due to unsuccessful attempts to insert an intravenous line.
Disturbing Speculations about Nitrogen Gas Execution
Four UN human rights special rapporteurs expressed grave concerns about the new method. They warned of "grave suffering" and a "painful and humiliating death" that could potentially violate an international treaty banning torture and cruel, inhuman, or degrading punishment. Notably, the U.S. is a signatory to this treaty.
Asserting potential constitutional violations, Smith's lawyers raised concerns that the unproven gassing protocol might infringe on the U.S. Constitution's prohibition against "cruel and unusual punishments." They further argued that any second attempt to execute Smith through any method is unconstitutional.
Presently, a judge in an Alabama federal court is contemplating whether to grant Smith's request for a temporary injunction and thereby pause the execution. This would allow time for his legal case to challenge the new protocol's constitutionality to proceed.
No comments were issued on Wednesday by either Smith's attorneys or the Alabama Department of Corrections. Likewise, spokespeople for Alabama Governor Kay Ivey and the U.S. State Department refrained from responding to questions about the UN experts' statement.
Lethal Injection Drugs, The Supply Conundrum
The majority of U.S. executions have traditionally involved lethal doses of barbiturates. However, states have been struggling to secure these drugs because of a European Union law that bans pharmaceutical companies from selling drugs that can be used in executions to penal institutions.
Experienced Legal Assistance A Must in Complex Legal Situations
In light of these substantial complexities, Smith's case highlights the immediate need for expert legal help to defend the constitutional right against cruel and unusual punishment. Proficient lawyers can raise compelling legal arguments against such untested execution methods and challenge their constitutionality in a court of law.
Whether capital punishment or other legal complexities, an experienced attorney's guidance can prove pivotal in securing justice. Don't delay seeking assistance; your future deserves the best legal aid. Reach out today and ensure a fair future. Remember, a well-navigated legal situation is the first step towards justice.
