HB1489 would amend Arkansas’ execution protocol to add nitrogen gas as an approved method of capital punishment, in addition to lethal injection.
The ACLU of Arkansas strongly opposes HB1489 because:
- It is inhumane and torturous. The only nitrogen suffocation execution attempted in the U.S. resulted in visible suffering and prolonged agony. Witnesses to Alabama’s execution of Kenneth Smith reported that he convulsed, writhed, and gasped for air for minutes before losing consciousness—contradicting claims that this method is swift or painless.
- It violates human rights standards. Executions by nitrogen suffocation have been condemned by the United Nations as a form of “State-sanctioned torture” and a violation of international human rights obligations.
- It endangers others. Nitrogen gas is colorless, odorless, and lethal if it escapes, posing a serious risk to corrections staff, witnesses, and spiritual advisors present in the execution chamber. States using this method would have to build specialized facilities or introduce costly safety measures to mitigate these dangers.
- It is considered too inhumane for animals. The American Veterinary Medical Association deems nitrogen suffocation “unacceptable” for most mammals, and 29 states have banned its use for euthanizing pets—yet Arkansas is considering it for humans.
Nitrogen suffocation is not justice — it is cruelty. Arkansas should not follow Alabama’s reckless and inhumane path.
