The Death Penalty in the OSCE Area–Background Paper 2021 Concerns about the pain and suffering caused by lethal injection have led to many cases alleging cruel and unusual punishment contrary to the protection by the Eighth Amendment. For example, during the reporting period, Daniel Lee, Wesley Purkey and Keith Nelson alleged that the Government’s planned use of pentobarbital could result in needless pain and suffering in violation of the Eighth Amendment. 244 However, the Supreme Court denied the application for stays of execution based on evidence presented by the Federal Government, according to which pentobarbital does not cause a sense of drowning until after the prisoner has died. The impact of the COVID-19 pandemic The COVID-19 pandemic resulted in fewer executions being carried out and death sentences handed down due to court closures and public health concerns. However, concerns were raised during the reporting period with regard to precautions against COVID-19 infections during executions. For instance, in one case a staff member involved in execution preparations had tested positive for COVID-19, but continued to work without wearing a mask.245 A COVID-19 outbreak was recorded at the federal prison complex in Terre Haute in summer 2020, resulting in a number of deaths and infection of others, including of the Bureau of Prisons execution team.246 Similar outbreaks were registered in Missouri and Texas, which experienced COVID-19 outbreaks in the weeks following executions.247 Amnesty International recorded that COVID-19 outbreaks are suspected of having claimed 15 out of 33 lives of the death row prisoners known to have died in detention in 2020 across 10 states.248 Infections occurred not only among prison staff, but also lawyers and defence teams of people sentenced to death. Lisa Montgomery’s team of lawyers, for example, contracted the virus after visiting her in the penitentiary, which led to the rescheduling 244 William P. Barr, Attorney General, et al. v. Daniel Lewis Lee, et al on Application for Stay or Vacatur, 14 July 2020, 591 United States Supreme Court (2020). 245 ACLU, ACLU: Documents Show Federal Executions Likely Caused Prison COVID-19 Outbreak, 22 September 2020, Nathalie Baptiste, Mother Jones Daily, How Trump’s Rush to Execute Inmates Is Spreading COVID, 8 December 2020, and ACLU, New Data Connect the Federal Executions and a COVID-19 Outbreak in Indiana, 22 September 2020. 246 ACLU, Federal Execution Team Members Test Positive for COVID-19 After Orlando Hall Execution, 10 December 2020. 247 Ibid. 248 Amnesty International Global Report: Death sentences and executions 2020”, op. cit., note 152, p. 20. “Thirty-three people were recorded to have died on death row in 10 states, with 15 dying as a result of or with suspected complications from Covid-19: Alabama (2), Arizona (2, including one due to Covid-19), California 19 (including 12 suspected Covid-19 deaths), Florida (4), Georgia (1), Louisiana (1), Missouri (1, due to Covid-19), Ohio (1, due to Covid-19), Oregon (1), Pennsylvania (1).” 57