Amnesty International reiterated its calls to stop the execution of Kenneth Eugene Smith in Alabama by nitrogen hypoxia. The date for execution has been set for January 25, 2024.

In urging Alabama to cancel the execution, Justin Mazzola, a researcher at Amnesty International, stated:

The death penalty is the ultimate cruel, inhuman, and degrading punishment, and we urge Alabama Governor Kay Ivey to use her clemency power to stop the execution of Kenneth Smith before it’s too late. While Amnesty International is opposed to the death penalty in all cases, there are specifics about Kenneth Smith’s circumstances that make it even more disturbing that Alabama is willing to carry out this execution. This execution will be carried out by nitrogen gas, a method not previously used, on a man who was subjected to a cruel botched execution attempt just 14 months ago.

Smith was convicted of capital murder and sentenced to death for his involvement in the murder of a forty-five-year-old woman in her home. This action is believed to have been a four-person conspiracy coordinated by the victim’s husband. Smith has taken responsibility, regret, and remorse for his role in the crime and has maintained good behavior while awaiting his execution. Smith was 22 years old at the time of the trial.

The trial was riddled with multiple controversies surrounding racial prejudice. The jury initially voted 11 out of 12 for a life sentence without the possibility of parole. The trial judge overrode this decision. In 2017, Alabama passed legislation banning the practice of Judicial overrides for jury death penalty decisions. This law does not impact Smith’s case since he was tried before it was signed.

Smith survived the state’s first attempt to execute him via lethal injection. Smith’s attorneys have detailed the psychological and physical toll this took. Alabama has sought to use nitrogen hypoxia, the process of pumping nitrogen through an air-tight mask to deprive the patient of oxygen. Supporters say this method will be less painful than common lethal injection, while critics believe the new method will come with a host of novel risks. Alabama would be the first state in the US to use this execution method.

Amnesty International is not alone in its calls to stop the execution. Last week, The UN High Commissioner for Human Rights, Volker Türk, called on Alabama state authorities to cancel the execution of Smith.