A/HRC/12/19 page 13 D. Elements of witness protection programmes 45. A witness protection programme is a formal system, designed to provide a full range of physical protection and psychosocial support to programme participants, be they witnesses or associated persons. Currently, both national and international witness protection programmes are utilized for witnesses who can give vital evidence regarding the most serious of crimes when that evidence is not available elsewhere. Protection may be granted not just to witnesses who collaborate but also to the victims who become witnesses, and could be extended to family members or persons close to the witness. 46. Several States have enacted witness protection legislation, while many others have informal physical security systems. For example, in Argentina, a new witness protection draft bill10 is currently under consideration in Congress, in an attempt to address the gaps of the previous witness protection laws and to counter the continuous threats received by human rights defenders and many of the victims and witnesses in trials against former military and police officers. 47. It is important to understand that witness protection programmes are just one part of an overarching group of actions used to ensure the safety and well-being of witnesses. This requires identification and consideration of options, a carefully thought-out strategy and the design of a programme to meet the individual circumstances of the witness and associated persons. 48. Admission to a witness protection programme traditionally involves assessment, physical protection, relocation, change of identity or measures of disguising identity and ownership, resettlement, integration into a community, and a pathway out of the programme once trial is completed and/or the threat has diminished. Protective measures include arrangements to facilitate the appearance of witnesses before the courts, arrangements to provide them with psychosocial support, special protection measures where appropriate when they are testifying, and protection to ensure the safety of witnesses outside the court. National witness protection programmes are designed to provide a much higher level of physical security than the protective measures. Many national systems have developed witness protection programmes to cater for “at-risk witnesses” in investigations and prosecutions. Witness protection programmes may vary from one tribunal/court to another depending on the framework of the court or tribunal. However, they have many common elements. 49. A formal legal framework that provides witness protection and ensures the well-being of the witness is required. Experiences indicate that the lack of a legal basis and clear roles and responsibilities, both for participants and programme hosts, led to considerable problems, litigation, and sometimes loss of life. While considering the legal framework, some key aspects should be taken into consideration. Witness protection programmes should carefully consider the safety and physical and psychological well-being of the witness. The threat and risk assessment process will determine what level of protection should be provided to ensure the safety of the 10 Programa nacional de protección de personas en situación de peligro en procesos penales, Nº de Expediente 6526-D-2008, Trámite Parlamentario, 168 (20/11/2008).