United Nations experts are urging Alabama officials to halt the execution of death row inmate Kenneth Smith, scheduled for January 25th, over concerns that the use of nitrogen gas could cause "grave suffering." Smith, who was convicted of murder in 1996, is set to be executed using a face mask that administers nitrogen gas into his airways until he is deprived of oxygen. This method, which has never been used before, was approved in Alabama in 2018 and is also authorized in Oklahoma and Mississippi, although it has not been implemented in those states.

Four UN experts - Morris Tidball-Binz, Alice Edwards, Tlaeng Mofokeng, and Margaret Satterthwaite - have expressed alarm about the untested nature of the method and its potential to cause severe pain and suffering. In a joint statement, the experts warned that death by nitrogen gas could be considered “torture” and a violation of the prohibition against cruel and inhumane punishment. They called for a halt to nitrogen gas executions until the protocol has been thoroughly reviewed.

Smith's spiritual advisor, Jeff Hood, has also raised concerns about the use of nitrogen gas. In an article for Scheer Post, Hood highlighted the potential dangers of nitrogen hypoxia, stating that it not only endangers the condemned but also threatens everyone in the room, as the gas is undetectable until it's too late. Despite these concerns, Hood plans to be present with Smith during the execution, although he has raised questions about the waiver he was asked to sign, which acknowledges the potential exposure to gas and requires him to stay three feet away from Smith at all times.

Smith's lawyers have argued that a second execution could be a violation of his constitutional rights and that he has not exhausted all his avenues of appeal. They are calling for a review of the execution protocol and a reconsideration of the use of nitrogen gas.

The international human rights experts, along with Smith's legal team, are appealing to both U.S. federal authorities and Alabama officials to halt the execution and review the state's execution procedures. They argue that the use of nitrogen gas as a method of execution could result in unnecessary and severe suffering, which would violate international human rights standards.

The United Nations experts also warned that the use of nitrogen gas for executions likely violates the Convention against Torture, to which the United States is a signatory. They called for a suspension of nitrogen gas executions worldwide until the protocol has been thoroughly reviewed and its potential consequences for the condemned have been fully assessed.

The controversy surrounding the use of nitrogen gas in executions has intensified due to previous botched attempts in Alabama. In November 2022, the state attempted to execute Smith through lethal injection, but officials failed to insert the intravenous line into his vein, resulting in the execution being called off. Smith is one of two prisoners in the United States to survive a lethal injection, prompting a temporary pause on executions in Alabama while authorities reviewed the procedures.

The use of nitrogen gas as an alternative method of execution was authorized in Alabama in 2018, as the state faced a shortage of lethal injection drugs. However, critics argue that the method is untested and poses potential risks to both the condemned and those present in the execution chamber. The concerns raised by the UN experts and Smith's legal team highlight the ethical and human rights implications of using nitrogen gas as a means of capital punishment.