The Death Penalty in the OSCE Area–Background Paper 2018 that the death penalty constitutes a violation of the prohibition of torture and cruel, inhuman and degrading treatment or punishment.”73 On 24 August 2017, Mark James Asay was executed in Florida.74 This was the first execution in Florida in 18 months. Asay’s execution raised concern among international and national human rights organizations due to the use of an experimental drug cocktail that has never been tested in lethal injections. Instead of midazolam, a new sedative – etomidate – was first used, then the paralytic drug rocuronium bromide, and then potassium acetate to stop the heart.75 The anesthetic drug etomidate has not been tested properly, experts say, and may cause pain and leave the person being executed awake during the process.76 In Ohio, the execution of the 69-year-old, terminally ill Alva Earl Campbell was scheduled for 15 November 2017. Campbell, who allegedly had cancer, was unable to walk without assistance, had to receive breathing treatments daily, and reportedly had an allergy to midazolam, one of the drugs in the lethal injection “cocktail”, asked to be executed by firing squad.77 During the unsuccessful petition for the stay of execution, Campbell’s lawyer and public defender claimed that injecting the drugs may cause problems because of the state of his client’s veins.78 On the execution day the prison staff failed four times to find a suitable vein for an injection. The execution was then called off and rescheduled for 5 June 2019. Mr. Campbell died from his illnesses on death row on 3 March 2018.79 Changes in legislation: Several court cases have dealt with the issue of disclosing the sources of drugs used or intended to be used for capital punishment. These issues have been raised by 73  “Joint statement on death penalty in the United States”, OSCE Permanent Council, Vienna, 27 April 2017, <https://www.osce.org/permanent-council/324251?download=true>. 74  “USA. Death in Florida”, Amnesty International, 21 August 2017, <https://www.amnestyusa.org/wp-content/uploads/2017/08/Florida-Death-Penalty-Briefing-ENG.pdf>. 75  Ibid. See also: “Statement of the PACE General Rapporteur on the abolition of the death penalty”, Parliamentary Assembly of the Council of Europe, 29 August 2017, <http://assembly.coe.int/nw/xml/News/News-View-EN. asp?newsid=6751&lang=2&cat=>; and “Florida Death-Penalty Practices, Mark Asay Execution Draw Criticism From Human Rights Groups, Johnson & Johnson”, Death Penalty Information Center, <https://deathpenaltyinfo. org/node/6847>. 76  “Florida plans first execution in 19 months amid lethal injection concerns”, the Guardian, 24 August 2017, <https://www.theguardian.com/us-news/2017/aug/24/mark-james-asay-execution-florida-lethal-injection>. 77  “Ohio set to execute gravely ill prisoner, Alva Campbell”, Death Penalty Information Center, <https://deathpenaltyinfo.org/node/6926>. 78  Alva Campbell v. Charlotte Jenkins, Warden, Chillicothe correctional institution, Supreme Court of the United States: “notwithstanding the medical assessments of its own professionals, which indicate that Campbell has an allergy to the very drugs Ohio proposes to use, and that Campbell’s veins are unsuitable for IV access. This latter concern is especially troubling in light of Ohio’s “long, problematic history with IV catheters in lethal injection procedures”, <https://www.supremecourt.gov/DocketPDF/17/17-6688/19530/20171113100811380_2017.11.13%20 Reply%20signed.pdf>. 79  “Alva Campbell, terminally ill prisoner who survived botched execution attempt dies on Ohio death row”, Death Penalty Information Center, <https://deathpenaltyinfo.org/node/7031>. 20