The Death Penalty in the OSCE Area
concerns about the suffering endured by persons during their executions, as it may
amount to cruel, inhuman and degrading treatment, in violation of international
human rights law.86 The High Commissioner also said that the execution appeared to
run counter to the United States Constitution, which bars cruel and unusual punishment, and that “the apparent cruelty involved in these recent executions simply reinforces the argument that authorities across the United States should impose an immediate moratorium on the use of the death penalty and work for abolition of this cruel
and inhuman practice.”87 Also in 2014, the United Nations Committee Against Torture
expressed concern regarding executions in the United States by the States of Arizona,
Oklahoma and Ohio, and called on the United States to “review its execution methods
in order to prevent pain and prolonged suffering.” On 23 April 2014, in its concluding
observations on the periodic report of the United States, the United Nations Human
Rights Committee noted with concern reports about the administration of untested
lethal drugs to execute prisoners and the withholding of information on such drugs
in some states.88 Similarly, on 6 March 2016, the United Nations Special Rapporteur
published his observations on an execution that took place on 29 April 2014, concluding that the Government of the United States, by administering compound chemicals,
caused an attenuated and painful execution, and violated the prohibition of torture
and other cruel, inhuman or degrading treatment or punishment.89 It is reported that
the victim died of an apparent heart attack around 40 minutes after his lethal injection combination was administered, reportedly, “writhing, twitching and clenching
his teeth on the gurney, leading prison officials to halt the proceedings,” and lowering
blinds to prevent people in the viewing gallery from watching what was happening in
the death chamber.90 As stated in the report of the United Nations Secretary-General,
the Governor of Oklahoma subsequently suspended executions, and the Office of the
Attorney General of the United States, following a Presidential order, initiated an investigation into state level execution protocols and related policy issues.91
In three petitions regarding detainees on death row in Virginia and in Texas, the
Inter-American Commission on Human Rights recently considered a number of issues
regarding the use of lethal injection as a method of execution. In the Rocha Diaz case,
from 23 March 2015, the Commission stressed that states have a reinforced special
86 See, UN News Centre: “UN rights office calls on US to impose death penalty moratorium after botched execution”, 2 May 2014, <www.un.org/apps/news/story.asp?NewsID=47706>.
87 Katie Fretland and Paul Lewis, “UN human rights chief condemns Oklahoma execution of Clayton Lockett”,
The Guardian, 2 May 2014, <https://www.theguardian.com/world/2014/may/02/un-human-rights-condemns-oklahoma-execution-clayton-lockett>.
88 United Nations, Human Rights Committee, Concluding observations on the fourth periodic report of the United States of America , CCPR/C/USA/CO/4 (23 April 2014), <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FUSA%2FCO%2F4>.
89 Special Rapporteur 2015, op. cit., note 11.
90 See Bailey Elise McBride and Sean, “Oklahoma inmate dies after execution is botched”, Associated Press, 30
April 2014, <http://bigstory.ap.org/article/oklahoma-prepares-execution-2-inmates>.
91 Report on the Moratorium, op. cit., note 7, para. 44.
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