In Little Rock, Arkansas, legislation was signed by Governor Sarah Huckabee Sanders on Tuesday, allowing the state to conduct executions using nitrogen gas. This action places Arkansas alongside four other states that have adopted this execution method, which has faced criticism for potentially violating constitutional rights.
The newly signed legislation was advocated by its supporters as a means to resume executions in Arkansas, which hasn’t carried out any since 2017. Currently, there are 25 inmates on death row in the state. Previous executions halted after the sedative for lethal injections expired, and the state has struggled to obtain more due to manufacturers’ objections to using their products for this purpose.
Attorney General Tim Griffin expressed that the state has failed in its commitment to the families of victims by not executing those sentenced to death. “Act 302 provides the state with the necessary means to enforce these sentences and achieve justice,” Griffin stated.
The nitrogen hypoxia method involves an inmate being forced to inhale nitrogen gas, thereby depriving them of oxygen until death occurs. Opponents argue that this method could lead to increased suffering for the inmate. Witnesses of nitrogen executions in Alabama have reported seeing involuntary movements such as gasping and shaking, attributed to lack of oxygen.
Megan Bailey, speaking for the American Civil Liberties of Arkansas, criticized the move, labeling it as regressive and out of alignment with national trends that are distancing from the death penalty.
The state of Arkansas has increased the secrecy surrounding execution protocols, previously enacting laws that conceal the sources of lethal injection drugs. Now, critics raise concerns over a lack of transparency regarding both the type and the source of nitrogen gas that will be used for executions.
Alabama, the pioneer in employing nitrogen gas for executions, has conducted four such executions since implementation last year. On Tuesday, Louisiana also executed an inmate with nitrogen gas, marking its debut of the method.
Mississippi and Oklahoma have legislation in place to allow nitrogen gas executions, though neither state has yet to utilize it.
The law in Arkansas is scheduled to take effect 90 days after the legislative session concludes, which is expected no earlier than April. The number of executions in the U.S. remains near historically low levels, primarily taking place in a limited number of states.