A/HRC/4/40/Add.2 page 11 application, shall order the applicant to be presented immediately, along with the order depriving that person of his or her liberty. The mayor shall take a decision within the following 24 hours. Any official or employee who fails to obey the order or decision shall immediately be dismissed from his or her post or function, without further ado. 43. Articles 422-430 of the Code of Criminal Procedure set out the amparo proceedings for release, which may be filed with any judge or court at the location of the appellant, by any person deprived of his or her liberty or who believes that such liberty is under threat owing to an abuse of power or a violation of the law by a judge or a public authority. If the order for imprisonment is issued as part of a trial, the appeal is lodged with the next higher judge or court. If the judge or court recognizes it as unwarranted, the detainee’s release must be ordered, or the order of committal revoked. 44. Article 95 of the Constitution establishes amparo proceedings. The aim of such proceedings is to require judicial bodies to adopt urgent measures to halt or prevent the commission by a public authority of illegitimate acts or omissions that are, or may be, in violation of any right enshrined in the Constitution or applicable international treaties, and that imminently threaten to cause serious harm. The proceedings may also require such bodies to immediately remedy the effects of such acts or omissions. The Constitution also establishes the remedy of habeas data, guaranteeing that everyone is entitled to have access to documents, databases and reports held in public or private entities which relate to them or their property, and to find out the reason for holding such information and the use made of it. (d) Detention of convicts 45. Article 51 of the Criminal Code, as supplemented by article 1 of Act No. 2001-47, establishes, among other things, sentences of three levels of severity: reclusión mayor (long-term rigorous imprisonment), reclusión menor (medium-term rigorous imprisonment), and prisión (ordinary imprisonment). Sentences of reclusión mayor, which can range from 4 to 25 years, and reclusión menor, which range from 3 to 12 years, are served in State social rehabilitation centres, either for men or women. The sentence of prisión, which ranges from eight days to five years, is served in the prisons of the respective cantons or provinces, or in the appropriate sections of penitentiaries. Within the social rehabilitation centres inmates are classified by the risk that they pose to other inmates, the prison staff and visitors, and are placed in different wards depending on this classification. 46. Once three quarters of a reclusión sentence has been served, or two thirds of a prisión sentence, the prisoner may request parole, provided that the remaining sentence does not exceed three years (article 87 of the Criminal Code). (e) Detention centres 47. Arrested persons are held in the cells of the Judicial Police. They should not remain there for more than 24 hours. In principle, persons in pretrial detention or detención en firme must be transferred to pretrial detention centres. Because of overcrowding at such centres, some persons in this situation will continue to be held in police cells, while others are sent to the social rehabilitation centres. Those sentenced to ordinary prison sentences (prisión) must be sent to