pOn January 25, the state of Alabama executed Kenneth Smith using nitrogen hypoxia, subjecting him to inhale pure nitrogen through a mask until he suffocated. Despite state claims that it would be a painless death, a href=https://www.msn.com/en-us/news/us/alabama-man-shook-violently-on-gurney-during-first-ever-nitrogen-gas-execution/ar-BB1hhPTewitnesses reported /aMr. Smith shook, convulsed, writhed, and gasped for minutes until he was pronounced dead at least 22 minutes after the execution began, thougha href=https://www.statnews.com/2024/01/29/kenneth-smith-nitrogen-gas-execution-science-alabama/ just how long it took is unknown/a since Alabama closed the execution curtain before the official time of death./p pEarlier this month, a href=https://www.ohchr.org/en/press-releases/2024/01/united-states-un-experts-alarmed-prospect-first-ever-untested-executionUnited Nations human rights experts/a warned that the untested execution method might result in a painful and humiliating death. Moreover, it is likely to constitute torture, violating international human rights treaties ratified by the U.S. Ahead of the execution, the a href=https://www.ohchr.org/en/press-briefing-notes/2024/01/execution-nitrogen-asphyxiation-alabamaU.N. High Commissioner for Human Rights/a, Volker Türk, urged Alabama state authorities to cancel the execution./p pVeterinary scientists, who have carried out laboratory studies on animals, have even largely a href=https://www.theguardian.com/us-news/2024/jan/18/alabama-nitrogen-gas-executionruled nitrogen gas out /aas a euthanasia method due to ethical concerns. Authorities in the U.S. and Europe have issued guidelines discouraging its use for most mammals, citing potential distress, panic, and seizure-like behavior./p pMr. Smith shouldn’t have even been on death row. In 1996, a jury of his peers voted 11-1 for life in prison for his role in a 1988 killing. However, the sentencing judge imposed the death penalty anyway. If Mr. Smith were tried today, that could not happen, as Alabama a href=https://www.theguardian.com/us-news/2024/jan/10/alabama-ruling-allow-execution-nitrogen-gas-kenneth-smith#:~:text=Smith's%20initial%201989%20conviction%20was,decision%20on%20death%20penalty%20decisions.no longer /apermits a judge to override a jury#8217;s decision to sentence someone to life without parole./p pIn 2022, the Alabama Department of Corrections attempted to execute Mr. Smith by lethal injection but failed to find a suitable vein, calling it off after hours of needle insertions./p pKilling Mr. Smith, or any other person, by nitrogen gas is cruel and inhumane. Plans to do so should have been abandoned for those reasons alone – but there are others. Nitrogen gas presents a grave danger to prison staff, incarcerated people, and the public. The Alabama Department of Corrections is aware of the risks, evident in requiring Mr. Smith#8217;s spiritual adviser a href=https://www.npr.org/2023/12/12/1218591962/alabamas-upcoming-gas-execution-could-harm-witnesses-and-violate-religious-liberto sign a waiver /aacknowledging he could be at risk of gas exposure for for being with Mr. Smith at the execution./p pA recent a href=https://www.aclualabama.org/en/news/nitrogen-alabama-prison-ticking-time-bombtragedy at a Gainesville, Georgia poultry plant /aunderscores the dangers of nitrogen gas. Following a leak that filled a freezer room, five workers entering it collapsed and died. A sixth worker was pronounced dead at the hospital. After evacuating 130 workers, an additional 13 people, including four first responders in safety gear, required hospitalization and intensive care./p div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 img width=952 height=1210 src=https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1.png class=attachment-original size-original alt=An ACLU of Alabama infographic on the dangers of Nitrogen Hypoxia. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1.png 952w, https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1-768x976.png 768w, https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1-400x508.png 400w, https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1-600x763.png 600w, https://www.aclu.org/wp-content/uploads/2024/01/Screen-Shot-2024-01-19-at-11.15.02-AM-1-800x1017.png 800w sizes=(max-width: 952px) 100vw, 952px / /figure /div pThe tragedy in Georgia is no outlier. The a href=https://www.csb.gov/board-releases-safety-bulletin-on-nitrogen-asphyxiation-hazards-underscores-need-for-good-safety-practices/U.S. Chemical Safety Board/a reports an annual average of 8 deaths and 5 injuries from nitrogen exposure. History, science, and common sense tell us that storing and using nitrogen in Alabama prisons, or elsewhere, is a ticking time bomb. The question isn’t whether nitrogen gas will kill staff and incarcerated people; the question is when./p pGovernor Kay Ivey had the authority to stop Mr. Smith’s execution by nitrogen gas; or any other method proposed — but she did not exercise that power. As a broader consequence, a href=https://apnews.com/article/death-penalty-ohio-attorney-general-c47ea9e0ef7e96c8e0264f50e6c15566other states/a are now considering following Alabama’s dangerous and irresponsible path./p pWe believe the death penalty should be abolished in Alabama and in the U.S. entirely. The justifications for ending it go beyond the cruel, dangerous, and tortuous methods employed. It’s a barbaric practice that too often condemns wrongly-convicted individuals to die and disproportionately kills people of color, people with low-income, people with intellectual disability, people living with mental illness, and others who are over-targeted for arrest and incarceration./p pThe U.S. must stop inventing new and more heinous methods of execution, and put an end to it once and for all./p div class=rss-cta__titleWe need you with us to keep fighting/diva href=https://action.aclu.org/give/now class=rss-cta__buttonDonate today/a/div