E/CN.4/2000/4/Add.2 page 7 22. Others have advocated an extended autonomy for the province during a transitional period, with independence a subsequent option. At the time of the adoption of the present report, the Working Group noted with satisfaction the conclusion of the overall Agreement between the Governments of Indonesia and Portugal on the question of East Timor, of 5 May 1999, and the supplementary agreements of the same date between the United Nations and the Governments of Indonesia and Portugal on the modalities for the popular consultations of the East Timorese through a direct ballot and regarding security questions (see document A/53/951-S/1999/513, annexes I-III). II. THE APPLICABLE LEGISLATION AND LEGAL GUARANTEES CONCERNING INDIVIDUALS DEPRIVED OF THEIR LIBERTY 23. These guarantees are based on civil law legislation as laid down particularly in the Code of Criminal Procedure (KUHAP). In certain circumstances, the assignment of competence to military tribunals as well as laws and measures governing states of emergencies can derogate from these guarantees. A. 1. Institutional and civil law guarantees Institutional guarantees of the judiciary and the right to a fair and impartial trial 24. This right is in principle guaranteed by the independence of the judiciary. This independence, however, is not explicitly spelled out in the Indonesian Constitution, whose chapter IX entitled “The judiciary power” only stipulates that “The judiciary power shall be exercised by a Supreme Court and such other courts of law as are provided for by law”, especially inasmuch as organization, status and competence are concerned (art. 24). For the rest it refers to the “Basic Judiciary Act” (Law No. 14/1970), which stipulates that judges are independent and free from all influence emanating from governmental authorities. The law however does not stipulate that they cannot be removed from office. The status of judges 25. To become a judge, a candidate must be at least 25 years of age, have a law degree, be a civil servant who has passed the civil service entrance examination, and have performed supplementary training for a period of nine months in a specialized training centre. Upon completion of this first period of training, which takes place under the auspices of the Ministry of Justice, the candidate is assigned to a tribunal for a probationary period of three years. 26. Once the judge has obtained tenure, he cannot exercise for more than five years in the same tribunal and can, furthermore, be transferred at any moment without his consent since he is also a civil servant; refusal would result in removal from office. As to the possibilities of promotion, a judge must serve at least 15 years in the lower courts before he or she can move to the appelate courts and, thereafter, must serve at least 10 years before being