UN: Botched Okla. Execution May Have Violated International Human Rights Law

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File photo of an execution chamber. (credit: CAROLINE GROUSSAIN/AFP/Getty Images)

File photo of an execution chamber. (credit: CAROLINE GROUSSAIN/AFP/Getty Images)

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GENEVA (CBSDC/AP) — The United Nations human rights office says U.S. death row inmate Clayton Lockett’s suffering during his botched Oklahoma execution this week may amount to cruel, inhuman and degrading treatment under international human rights law.

A spokesman for the office, Rupert Colville, says Lockett’s prolonged death on Tuesday is “the second case of apparent extreme suffering caused by malfunctioning lethal injections” reported in the United States this year, after Dennis McGuire’s execution in Ohio on Jan. 16 with an allegedly untested combination of drugs.

Colville told reporters Friday in Geneva 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.”

Some of the three drugs used in a botched execution didn’t enter Lockett’s system because the vein they were injected into collapsed, and that failure wasn’t noticed for 21 minutes, the state’s prison chief said, urging changes to the state’s execution procedure.

Medical officials tried for nearly an hour to find a vein in Lockett’s arms, legs and neck before finally inserting an IV into his groin, prisons director Robert Patton wrote in a letter to the governor Thursday detailing Lockett’s last day.

By the time a doctor lifted a sheet covering the inmate and noticed the line had become dislodged from the vein, all of the execution drugs had already been administered and there wasn’t another suitable vein, the report noted.

“The drugs had either absorbed into tissue, leaked out or both,” Patton wrote. “The director asked the following question: ‘Have enough drugs been administered to cause death?’ The doctor responded, ‘No.’”

At that time, Patton halted the Tuesday night execution, but Lockett was pronounced dead of a heart attack 10 minutes later.

Oklahoma’s execution rules call for medical personnel to immediately give emergency aid if a stay is granted while the lethal drugs are being administered, but it’s not clear if that happened. The report does not say what occurred from when Patton called off the execution at 6:56 p.m. to Lockett being pronounced dead at 7:06 p.m.

The report also indicated that on his last morning, Lockett fought with guards who attempted to remove him from his cell and that they shocked him with a stun gun. After he was taken to a prison infirmary, a self-inflicted cut was found on Lockett’s arm that was determined not to require stitches. The report also notes that Lockett refused food at breakfast and lunch.

Madeline Cohen, an attorney for inmate Charles Warner, who had been scheduled to be executed two hours after Lockett, said Oklahoma was revealing information about the events “in a chaotic manner.”

“As the Oklahoma Department of Corrections dribbles out piecemeal information about Clayton Lockett’s botched execution, they have revealed that Mr. Lockett was killed using an invasive and painful method — an IV line in his groin,” Cohen said in a statement. “Placing such a femoral IV line requires highly specialized medical training and expertise.”

Inserting IVs into the groin area — the upper thigh or pelvic region — is often done for trauma patients and in experienced hands can be straightforward, but injecting in the femoral vein can be tricky because it’s not as visible as arm veins and lies next to the femoral artery, said Dr. Jonathan Weisbuch, a physician in Phoenix.

Warner’s execution was initially rescheduled for May 13. Patton called Thursday for an indefinite stay, something Cohen said she agreed was necessary.

Gov. Mary Fallin, who has ordered one of her Cabinet members to investigate the botched execution, said Thursday she was willing to issue a 60-day stay for Warner, the longest allowed under state law, if needed to complete the inquiry.

“If it does require more time, then yes, I think they should take more time,” Fallin said Thursday. “We need to get it right.”

If 60 days isn’t adequate, Oklahoma’s attorney general said he would request an additional stay from the courts to ensure no executions are carried out until the review is complete.

In his recommendations to the governor, Patton said the state should:

—Place more decision-making power with the director instead of the prison warden.

—Conduct a full review of execution procedures, and ensure Oklahoma “adopts proven standards.”

—Give staff the “extensive training” required once new protocols are written.

—Allow an external review of what went wrong.

Lockett’s execution was to have started at 6 p.m., but according to a timeline with Patton’s letter a medical technician working from 5:27 p.m. to 6:18 p.m. couldn’t find a suitable place for an intravenous line on Lockett’s arms, legs, feet and neck.

The execution started at 6:23 p.m. Typically inmates die in about 10 minutes. Patton stopped the execution at 6:56 p.m., but 10 minutes later Lockett apparently suffered a heart attack. Autopsy results are pending.

The White House says that Lockett’s execution was not done humanely.

White House spokesman Jay Carney says President Barack Obama believes evidence shows the death penalty doesn’t effectively deter crime. But he says Obama believes some crimes are so heinous that the death penalty is merited. He says the crimes in Lockett’s case are indisputably heinous.

But Carney says the U.S. has a fundamental standard that the death penalty must be carried out humanely. He says everyone would recognize that this case fell short.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2014 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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