ANNUAL REPORT OF NPM 2019 _______________________________________________________________________________________ judgment and sentence.59 Pursuant to the Law on Pardon, the pardoning is the President’s right intended not as a regular remedy, but as a seldom-used tool to reward extraordinary displays of character and conduct or to address serious humanitarian concerns 60 . Even during the reporting period, the NPM has received complaints from convicts regarding the President's pardon. NPM also received complaints from convicts because no convicted person was pardoned by the President. During the reporting period, the President promulgated the Decree 250/2019, pardoning three prisoners. Among them there was no convicted person. The NPM, recognizing the full discretion of the President to decide on the matter, nevertheless considers that when pardoning, the principles of gender equality and non-discrimination, provided by the Law on Gender Equality and the Law on Protection from Discrimination, should also be taken into account. The NPM meeting with KCS General Director On 13th of December 2019, the Director of the NPM and its associates, were hosted in a business meeting by KCS General Director, Mr. Nehat Thaçi. During this meeting, both parties, in a very collegial and understanding atmosphere, discussed the findings and recommendations of NPM during 2019. In addition, the KCS challenges and plans for the future were discussed. Health care in correctional and detention centres Health services in the correctional and detention centres are managed by the Ministry of Health, respectively since 2013 by PHCD, because until then this service was managed by the Ministry of Justice. Health services for prisoners are provided in the PHCD health units in all correctional and detention centres, and in public health institutions, as needed. Within the CCD, also operates the prison hospital. Personnel, treatment and infrastructure During the reporting period, the NPM noted that in all correctional and detention centres, the number of medical personnel (general practitioners and specialists) was adequate. Regarding the nursing personnel, NPM, through its report with recommendations for the visit conducted to the DCL61, has recommended the Ministry of Health to increase the number of middle personnel in the health unit of DCL, as needed. On 2 July 2019, the PHCD, through an official letter, agreed with the recommendation in question and informed NPM that efforts shall be made to increase the number of personnel, as required under this recommendation. During the visit conducted to the DCM, on 12 March 2019, NPM was informed that there was no psychologist employed at the centre. In this regard, NPM, after the visit, contacted the Director of the CCD, who informed him that the recruitment procedures for the regular psychologist have been completed and that the selected candidate shall start working from 1st of July 2019. Regarding drug addiction, methadone treatment is offered at all correctional and detention centres. Psychiatric treatment of prisoners is provided at the CCD hospital and other public health institutions. 59 Law no. 03/L-101 on Pardon, Article 2 Law no. 03/L-101 on Pardon, Article 3, paragraph 1. 61 Report with recommendations on the visit conducted to the Pre Detention Center in Lipjan, published on 16 August 2019. For more information see: https://www.oik-rks.org/en/2019/08/19/report-with-recommendations-of-national-preventive-mechanismagainst-torture-concerning-the-visit-conducted-to-the-pre-detention-centre-lipjan/. 60 28

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