Two pieces of legislation, Senate Bill 2543 and House Bill 1305, amend a statute in Mississippi to prevent disclosure of the suppliers of drugs used in executions. These execution secrecy bills cannot be allowed to move forward. SB 2543 passed the Senate committee and now moves the Senate floor. HB 1305 has already passed the House floor and moves to the Senate committee.
In light of the botched executions conducted around the country, it is more important than ever that there be accountability and transparency when it comes to the drugs and suppliers used in executions. SB2543 and HB1305 will put up a wall of secrecy around the source of drugs to be used in executions. The secrecy makes it impossible for the courts and the public to know whether executions will be carried out humanely and in compliance with state and federal laws and the U.S. Constitution.
For the past few years, states have been grappling with the unavailability of some drugs that had previously been used in executions. In response, some states have turned to experimental drugs and drug combinations, which poses serious risks of executions not working as planned. Other states have used compounded drugs. Without information about the pharmacies that compound the drugs and the raw ingredients used, it is impossible to say whether a compounded product will be effective and work as intended.
Experimental drug combinations were used in the horrifically botched executions of Clayton Lockett, Joseph Wood, and Dennis McGuire, calling into question whether Departments of Corrections are selecting drugs and doses capable of producing a humane execution.
The death penalty is the most extreme punishment possible. If Mississippi continues to execute death row prisoners, the government must be transparent and accountable to the people of this state, in whose name it is carrying out this ultimate and irreversible punishment. Mississippi Governor Phil Bryant has stated “transparency in government is critical to its integrity.” There should be no exception given to pharmaceutical companies related to their role in execution.
If we are to have executions at all, they must not be conducted like hastily thrown together human science experiments. This legislation is unsafe, unnecessary and will cause Mississippi to incur more litigation expenses and delays in the courts.