The Death Penalty in the OSCE Area–Background Paper 2019 is not clear.108 This method of execution has not yet been used in the United States, although it is an approved option in Alabama, Mississippi and Oklahoma if the lethal injection drugs are unavailable or deemed unconstitutional.109 In November 2018, further serious concerns about the procurement of drugs used for lethal injections and the pain allegedly endured from the administration of pentobarbital were raised in Texas.110 Six inmates are reported to have experienced feelings of burning and other painful side effects of this drug.111 Debates in Nebraska focused on the execution of an inmate by an untested formula of lethal injection. This was the state’s first execution in 21 years and first use of lethal injection.112 The inmate waived his rights to jury trial and his final appeal and was executed using the untested formula,113 despite ongoing lawsuits surrounding the alleged illegal sourcing of some of the drugs.114 The UN Human Rights Committee has stated that the injection of untested lethal drugs would constitute a violation of Article 7 of the ICCPR and hence make the execution arbitrary in nature, violating Article 6 as well.115 The crux of many of these cases is the Eighth Amendment of the United States Constitution which forbids “cruel and unusual” methods of punishment. However, if an inmate wishes to halt an execution on these grounds, the inmate is required to prove an alternative method of execution is “feasible, readily implemented and in fact significantly reduces a substantial risk of severe pain.”116 This topic was the subject of many lawsuits in the United States in the reporting period, exemplified by the Supreme Court judgement in the case of Bucklew v. Preclythe.117 On 19 March 2018 the Inter-American Commission on Human Rights recommended that due to 108  “Death by nitrogen should not be America’s new capital punishment method”, Newsweek, 1 June 2018, <https://www.newsweek.com/death-nitrogen-should-not-be-americas-new-capital-punishment-method-opinion-940211>. 109  “Alabama Prisoners End Execution Lawsuit, State Will Drop Lethal Injection in Favor of Nitrogen Gas”, Death Penalty Information Center, op. cit., note 106. 110  Tabak, op. cit., note 63, p. 237. 111  “Inmates Said The Drug Burned As They Died. This Is How Texas Gets Its Execution Drugs”, BuzzFeed News, 28 November 2018, <https://www.buzzfeednews.com/article/chrismcdaniel/inmates-said-the-drug-burned-asthey-died-this-is-how-texas>. 112  “Nebraska Executes Carey Dean Moore in First Execution in 21 Years”, Death Penalty Information Center, 14 August 2018, <https://deathpenaltyinfo.org/news/nebraska-executes-carey-dean-moore-in-first-execution-in21-years>. 113  Ibid., “Diazepam - the sedative Valium, fentanyl citrate - an opioid painkiller, cisatracurium besylate - a paralytic, and potassium chloride to stop the heart .” 114  Death Penalty Information Center, “The Death Penalty in 2018: Year End Report”, op. cit., note 76, p. 10; “Nebraska first in US to use opioid fentanyl in execution,”, BBC News, 14 August 2018, <https://www.bbc.com/news/world-us-canada-45185687>. 115  General Comment No. 36, op. cit., note 10, para. 40. 116  Baze v. Rees, Supreme Court of the United States, 16 April 2008, <https://casetext.com/case/baze-v-rees-5?resultsNav=false#p61>. 117  This case was argued on 6 November 2018 and decided upon on 1 April 2019. 28