E/CN.4/2006/5/Add.2 page 15 Torture and other cruel, inhuman or degrading treatment or punishment 67. Probably the most often addressed question is the compatibility of certain forms of punishment prescribed by sharia penal codes with international human rights law, in particular those provisions that prohibit torture or cruel, inhuman and degrading treatment or punishment. 68. In this regard, in addition to the Human Rights Committee which stated in its general comment No. 20 that the prohibition of torture and cruel, inhuman or degrading treatment or punishment contained in article 7 of the International Covenant on Civil and Political Rights extends to corporal punishment, other United Nations human rights mechanisms have, on numerous occasions, declared the incompatibility of such forms of punishment with human rights provisions prohibiting torture and other forms of ill treatment.12 The Special Rapporteur is of the opinion that punishments such as stoning or amputation constitute, if not torture, at least cruel, inhuman and degrading treatment13 that is prohibited in absolute terms by various international conventions to which Nigeria is a party and which allow for no exception whatsoever. Equality before the law and non-discrimination 69. Another human rights principle raising questions under the sharia penal codes is equality before the law. While it does not appear that sharia penal codes contain provisions that discriminate between men and women, the implementation of those codes in the northern states of Nigeria is in many ways to the detriment of women, the most notable illustration being the application by sharia courts of the principle that extramarital pregnancy constitutes proof of zina, even though no such principle is warranted under sharia penal codes as adopted in Nigeria.14 This practice of the sharia courts is at the origin of a number of cases that have attracted worldwide attention and outcry. 70. Women judges cannot be appointed to the courts hearing trials under the sharia penal codes. A number of incidents were reported where women lawyers were discouraged from practising in these courts. 71. The rules of evidence under the sharia penal codes adopted in Nigeria discriminate against women and non-Muslims. Neither can testify in cases of Hadd punishments. The weight given to the testimony of women is not equal to that of men. The death penalty 72. Article 6 (2) of ICCPR, to which Nigeria is a State party, provides, inter alia, that “[i]n countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes”. Besides, in general comment No. 6 on article 6, the Human Rights Committee clearly stated that “the expression ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure” (para. 7). In addition, paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty provides that “[i]n countries which have not abolished the death penalty, capital punishment may be imposed only for the most serious crimes, it being understood that their scope should not go beyond intentional crimes with lethal or extremely grave consequences”.