Sunday, 24 November 2024, 11:29 am
Press Release: UN Special Procedures – Human Rights
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.
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“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.
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Publish date : 2024-11-23 09:29:00
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