A/HRC/15/33 indicative of an overarching concern to ensure that persons are not unjustifiably exposed to risk through the activities of the Court.”35 III. Programmes and measures for protecting witnesses and victims 19. At this early stage, it should be emphasised that witness and victim protection cannot be viewed in isolation, but must rather be considered a crucial part of a comprehensive system designed to effectively investigate and prosecute perpetrators of human rights violations. Protection measures will be ineffective if other parts of the criminal justice system do not function well. Every step of the process, from investigation through to conviction and punishment, should be analysed to identify ways in which witnesses are placed at risk, and potential reforms designed to limit those risks.36 A. Protection of witnesses at the investigation phase 20. At the investigation phase, there are some basic measures that should be considered for the protection of witnesses and victims, whether such investigations are pursued in a formal criminal investigation or are conducted by quasi- or non-judicial mechanisms. Already at the investigation phase there can be problematic disclosures of identities. When this risk is foreseen by witnesses, they may simply choose not to communicate with investigators. Safeguarding the identity of a witness at the early stage enhances the potential to safely obtaining testimony at a trial without resorting to a formal witnessprotection programme. 21. For example, the new Criminal Procedure Code of the Republic of Croatia (2009) reinforced witness protection during the investigation procedure. Similarly, the question of witness protection at the investigation phase is regulated by the Qatar Code of Criminal Procedure. In Switzerland, the law requires the authorities to protect the victim’s person at all stages of the criminal proceedings. 22. The role played by prosecutors or state attorneys in the criminal justice system may also lead to real or perceived risks that may prevent the safe cooperation of witnesses. Prosecutors and state attorneys responsible for investigation should also consider adequate measures to ensure the protection of witnesses and victims. B. Courtroom measures for the protection of witnesses and victims 23. To encourage and facilitate the cooperation of witnesses, and to ensure that witnesses can testify free of intimidation or fear for their life, a series of legal protective procedural measures are used by the courts. These measures may include, but are not limited to the following: giving testimony outside the courtroom by closed-circuit television, or out of view of persons capable of creating an intimidating atmosphere, from behind a screen, for example; having one or more persons (other than the accused or his main counsel) removed from the courtroom for the entire duration or part of the trial; testifying under a pseudonym; imposing a publication ban in order to prevent publication, 35 36 GE.10-15173 International Criminal Court, Prosecutor v. Katanga and Ngudjolo, 13 May 2008 (ICC-01/04-01/07475). Report of the Special Rapporteur on extrajudicial, summary and arbitrary execution (A/63/313), paragraph 15. 9