United Nations human rights experts have called on the United States to halt the use of nitrogen gas as a method of execution, condemning it as potentially amounting to torture or cruel, inhuman, or degrading treatment. The appeal comes ahead of the scheduled execution of Carey Grayson in Alabama on November 21, 2024, which would mark the third instance of this controversial method being used.
Nitrogen hypoxia, which induces death by replacing oxygen in the bloodstream with nitrogen, has faced intense scrutiny since its first use in February 2024. Kenneth Smith, the first person executed by this method, reportedly endured over 20 minutes of visible suffering, convulsing on the gurney before succumbing.
In a statement issued today, UN experts reiterated their demand for an urgent ban on this method, citing its violation of international legal standards. The United States, as a signatory to the International Covenant on Civil and Political Rights and the Convention against Torture, has an obligation to uphold prohibitions on such practices, the experts noted.
“We emphasise that the prohibition on torture or cruel, inhuman, or degrading treatment or punishment is absolute, never acceptable, and not dependent on alternatives,” the experts said, criticizing the U.S. legal requirement for defendants to propose alternative execution methods when challenging nitrogen asphyxiation.
Grayson, who has a history of bipolar disorder, has raised additional concerns among the experts, who highlighted systemic failures in providing fair trial guarantees and adequate accommodations for individuals with intellectual and psychosocial disabilities in the U.S. criminal justice system.
The UN experts also expressed alarm over the adoption of nitrogen gas executions in other U.S. states, warning that its use could set a dangerous precedent. They urged Alabama and federal authorities to impose a moratorium on executions, beginning with Grayson’s case, and to take steps toward the universal abolition of the death penalty.
Despite multiple communications from the experts to the U.S. government in recent years, including a press release in January 2024, no substantive response has been received. The experts’ call for action aligns with growing global efforts to abolish capital punishment, advocating for humane and lawful practices in criminal justice systems worldwide.
