a death row inmate was executed by nitrogen inhalation, a world first denounced by the UN

“Tonight, Alabama took humanity a step backwards,” the condemned man said before his execution.

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Kenneth Eugene Smith, sentenced to death in the United States, November 17, 2022. (ALABAMA DEPARTMENT OF CORRECTIONS / AFP)

A world first compared to a form of “torture” by the UN. On Thursday January 25, the American state of Alabama executed a condemned man by inhaling nitrogen. Kenneth Eugene Smith, definitively sentenced to death in 1996 for the murder of a woman ordered by her husband, died at Atmore penitentiary at 8:25 p.m. (local time), 29 minutes after the start of the execution, announced a press release from the Alabama Attorney General.

“Justice has been served. Tonight, Kenneth Smith was put to death for the despicable act he committed 35 years ago,” Steve Marshall said, saying Alabama had “accomplished something historic”. According to the local CBS network, a reporter who attended the execution, Kenneth Eugene Smith’s last words were: “Tonight, Alabama took humanity a step backwards (…) I leave with love, peace and light (…) Thank you for supporting me. I love you all “.

The condemned seems to have “held his breath as long as he could”, Alabama Corrections Commissioner John Hamm told reporters. This is the first execution of the year in the United States, where 24 have been carried out in 2023, all by lethal injection. This is the first time in more than 40 years that a new method of execution has been used in this country.

All appeals rejected

Alabama, located in the southeast of the United States, is one of three American states authorizing execution by nitrogen inhalation, in which death is caused by hypoxia (depletion of oxygen). The Office of the UN High Commissioner for Human Rights said on January 16 “alarm” through the use of a “unprecedented and untested mode of execution”.

That “could constitute torture or other cruel or degrading treatment under international law”, warned a spokesperson for the High Commission, Ravina Shamdasani, calling for a stay of this execution. Alabama’s nitrogen hypoxia execution protocol does not provide for sedation, while the American Veterinary Association (AVMA) recommends administering a sedative to animals euthanized this way, the spokesperson noted. .

All appeals and requests for a reprieve from the 58-year-old convict were rejected, including on Wednesday by the Supreme Court. The highest court in the country, with a conservative majority, was seized of a final appeal by the convicted person on Thursday, but did not follow up on it.


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