A/67/279
which the administration of a second dose of poison was required and where the
convicted man took 34 minutes to die. However, the Court rejected the arguments
that the lethal injection process created an unacceptable risk of suffering due to a
drug combination that masked pain; that the use of potassium chloride could cause
an incredibly painful death if the prisoner were not properly anaesthetized; and that
other drugs were available that would cause a painless death. The Court also
rejected the argument that the lethal injection process was flawed because of
deficiencies in the way in which the drugs were administered, lack of the training
required for those responsible for administering the drugs, and lack of clinical
evidence showing the safety and effectiveness of certain drugs used in executions.
Finally, the Court rejected the argument that these defects, in combination with a
lack of regulatory oversight by the United States administration and an absence of
meaningful State oversight, established that lethal injection constituted cruel and
unusual punishment. Remarkably, the Court also stated that a stay of execution
might not be granted unless the condemned prisoner established that the State’s
lethal injection protocol created a demonstrated risk of severe pain.
40. The method of firing squad has so far been considered as the fastest way of
execution and as not causing severe pain and suffering. 20 However, executions
conducted in public often expose convicts to undignified and shameful displays of
contempt and hatred. Conversely, secret executions violate the rights of the convict
and family members to prepare for death.
41. In conclusion, it can be stated that even retentionist States agree that some
methods of execution constitute cruel, inhuman and degrading treatment and are
therefore prohibited under international law (e.g., see A/63/293 and Corr.1, para. 67).
In addition, there is a growing trend to scrutinize all other methods of execution so far
considered as not causing severe pain and suffering. In this respect, there is no
categorical evidence that any method of execution in use today complies with the
prohibition of torture and cruel, inhuman or degrading treatment in every case. Even
if the required safeguards (Economic and Social Council resolution 1984/50, annex)
are in place, all methods of execution currently used can inflict inordinate pain and
suffering. States cannot guarantee that there is a pain-free method of execution.
B.
Death row phenomenon
42. The death row phenomenon is a relatively new concept, albeit one that has
become firmly established in international jurisprudence. It consists of a
combination of circumstances that produce severe mental trauma and physical
deterioration in prisoners under sentence of death. 21 Those circumstances include
the lengthy and anxiety-ridden wait for uncertain outcomes, isolation, drastically
reduced human contact and even the physical conditions in which some inmates are
held. Death row conditions are often worse than those for the rest of the prison
population, and prisoners on death row are denied many basic human necessities.
Examples of current death row conditions around the world include solitary
confinement for up to 23 hours a day in small, cramped, airless cells, often under
__________________
20
21
12-45812
Human Rights Committee, decision of 3 April 2003 in Mariya Staselovich (and Igor Lyashkevich) v.
Belarus, communication No. 887/1999, para. 9.2.
For example, Patrick Hudson, “Does the death row phenomenon violate a prisoner’s rights under
international law?”, European Journal of International Law, vol. 11, No. 4 (2000), pp. 834-837.
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