By Alessandra Suuberg, Decency LLC
At the end of January, Alabama made headlines by becoming the first U.S. state to execute a death row inmate by nitrogen hypoxia.
CNN reported on January 26 that nitrogen gas was also an approved means for execution in Oklahoma and Mississippi. CBS News reported that, of these states, “only Alabama ha[d] released a formal execution protocol for” the method, issued in August 2023.
About Nitrogen Hypoxia
Scientific American had previously reported on another execution by nitrogen hypoxia, scheduled for September 2022. At that time, Alabama determined it was not yet ready to move forward with the procedure. The reason was logistical, due to the lack of a protocol.
In 2022, Scientific American described the method as “suffocating a person by forcing them to breathe pure nitrogen.” They noted that the idea for the procedure originated with a white paper by a criminal justice professor, given concerns with lethal injection methods.
The State Response
According to CNN, Alabama’s attorney general told reporters that nitrogen hypoxia was “no longer an untested method,” and that Alabama “stand[s] ready to assist [other states] in implementing” the method.
CNN reported on January 26 that 43 other inmates in Alabama had requested this method for their execution.
Reported Concerns
On January 3, a press release from the United Nations Office of the High Commissioner for Human Rights indicated “alarm” among experts concerning nitrogen hypoxia. The press release noted that punishments causing “severe pain or suffering, beyond harms inherent in lawful sanctions likely violate the Convention Against Torture,” as well as the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which guarantees “no detainee shall be subjected to medical or scientific experimentation which may be detrimental to his health.”
On January 18, the Guardian likewise reported on concerns, noting that veterinary scientists had “largely ruled [nitrogen hypoxia] out” for euthanasia, “for ethical reasons,” following laboratory studies on animals. According to the Guardian, guidelines by veterinary authorities in the United States and Europe recommend sedation prior to application of nitrogen gas, and Alabama’s protocol does not include a sedative.
On January 23, CBC in Canada also reported concern and uncertainty from the president of the American College of Correctional Physicians.
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