A/HRC/7/3/Add.4 page 17 IV. CORPORAL PUNISHMENT, SHARIA PENAL CODE PUNISHMENTS, AND CAPITAL PUNISHMENT A. Corporal punishment 56. The Special Rapporteur notes that corporal punishment, such as caning, and including sharia penal code punishments of the northern states (i.e. amputation, flogging and stoning to death), remain lawful in Nigeria. Moreover he notes that sharia-related provisions for adultery and sodomy discriminate against women and same-sex couples, respectively. 57. Section 17 of the Criminal Code includes death and caning as punishments. Caning can be inflicted in addition to imprisonment for various offences regarding the defilement of young girls (sects. 218, 219, 221, 222, 225A), offences endangering life or health (sects. 330, 334), and assaults on females (sects. 358, 359).11 Furthermore, section 18 gives courts the discretion to order the caning of male persons believed to be under 17 in addition to or in substitution for any other punishment to which they are liable. Section 295 justifies “a blow or other force” for the correction of children, servants and others. 58. The Criminal Procedure Code sets out in part 42 the provisions regulating caning: no person shall be sentenced to caning more than once for the same offence (sect. 384); persons over 45 shall not be punished with caning (sect. 385); caning shall be executed with a light rod, cane or birch and not exceed 12 strokes (sect. 386); offenders convicted for a minimum of six months’ imprisonment can be sentenced to caning in addition to or in lieu of any other punishment (sect. 387); and a confirmed sentence of corporal punishment shall be inflicted as soon as practicable (sect. 388). B. Sharia penal codes 59. The sharia penal codes contain a number of provisions raising serious concerns not only regarding their constitutionality but more fundamentally regarding their compatibility with the international prohibition of torture and other cruel, inhuman and degrading treatment (see for a detailed discussion, report on the Mission to Nigeria of the Special Rapporteur on freedom of religion or belief (E/CN.4/2006/5/Add.2), paras. 47-79). 60. The Special Rapporteur recalls that any form of corporal punishment is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Under international law, they are not lawful sanctions and violate the international human rights treaties to which Nigeria is a party, particularly CAT, ICCPR and CRC (A/60/316, paras. 18-28). 11 Defilement of girls under 13 (Criminal Code (CC), sect. 218); Householder permitting defilement of young girls on his premises (CC, sect. 219); Defilement of girls under 16 and above 13, and of idiots (CC, sect. 221); Indecent treatment of girls under 16 (CC, sect. 222); Persons trading in prostitution (CC, sect. 225); Disabling in order to commit felony or misdemeanour (CC, sect. 330); Intentionally endangering safety of persons travelling by railway (CC, sect. 334); Punishment of rape (CC, sect. 358); Attempt to commit rape (CC, sect. 359).