Lethal Injections Challenged in Us Supreme Court

The use of a cocktail of drugs to execute prisoners came under examination by the US supreme court yesterday, in a case that could determine the future of the practice.

Executions by lethal injection have been on hold since September in the three dozen states that use the method, pending the hearing in a case that challenges the state of Kentucky's use of a three-drug cocktail which is supposed to knock out, paralyze and then kill.

The legal challenge, brought by two college students, argues that the method is inhumane and that life in prison is an appropriate alternative. "You have the right to die with dignity," said Gira Joshi, one of the two students.

Five prominent veterinarians have testified that the method used in Kentucky does not meet the state's minimum standards for putting down animals.

Although the details are secret, it is thought that Kentucky, like most states that favor lethal injection, uses the three-drug cocktail. Opponents argue that if the initial anesthetic is not administered properly, or fails to work, the excruciating pain caused by the third drug is masked by the second, paralyzing drug.

The suggestion that the method thus constitutes "cruel and unusual punishment", in contravention of the US constitution, is supported by evidence from executions around the country.

During an execution in Florida in 2006, Angel Nieves Diaz, 55, appeared to grimace and struggle for 30 minutes until a second dose of the lethal drugs was administered.

Opponents also argue that the prison staff who administer the drugs are untrained, and that many execution chambers are inadequate, with poor lighting and cramped conditions. Medical staff have refused to take part in executions in several states, because they say it violates the Hippocratic oath to preserve life.

Attempts to investigate the procedure have been blocked by the states' insistence that staff involved should not be identified. However, a doctor in Missouri admitted at one hearing that he suffered from a form of dyslexia that could affect his ability to correctly prepare the drugs. Following revelations by a local newspaper that the doctor had a history of malpractice lawsuits, the state made it a crime to identify members of the execution team. The doctor is now working on federal executions, according to reports.

The supreme court hearing comes as debate over the death penalty assumes a prominence it has not held since its reintroduction in the US more than 30 years ago. DNA testing has resulted in several high-profile exonerations of death row prisoners, and New Jersey recently passed legislation banning the practice, the first state to abolish the practice in 40 years. Last year, 42 prisoners were executed in the US, the lowest figure for 13 years.