13 different valid personal options that are not subject to the assessment or discretion of the State’s agents, as long as the restriction or limitation factors that I previously mentioned are not present. 49. It is possible that the person that speaks this language –as well as others, in different means—may also speak other different languages or that he may be in conditions to learn them. However, this does not mean that the State’s agents are empowered to impose the use of a language different to the one the individual wishes to use when communicating with other subjects. A different matter would be to try to carry out judicial acts that must be recorded in the language officially accepted for those effects (case in which the intervention of an interpreter or translator may be provided), but in the case sub judice this did not come up at any time. 50. Also, the detention regimen puts in movement specific relationships between the State, who is in charge of the detainees, and the latter, which are subordinated to the public power in conditions that are particularly intense and extensive. Therefore, in the jurisprudence of the Inter-American Court the situation of guarantor –with special characteristics—that corresponds to the State as custodian of the detainees or executor of convictions that imply confinement, and, in general, as controller of the behavior of those subject both immediately and constantly to its authority and supervision is weighed in, and it may not make and execute for itself numerous decisions that would be common in ordinary circumstances. 51. The precautionary or criminal deprivation of the personal liberty brings with it severe restrictions, inherent to the detention itself, which must be limited to their inevitable minimum expression, and it must not imply the reduction or suppression of other rights, whose restriction is not a necessary consequence of the deprivation of freedom. This is the case of the use of a person’s own language, pursuant to the selection that the person in whom the right to expression vests makes in this regard. The State’s condition of guarantor supposes, from one perspective, that it has the power to order, supervise, and control; and from another, that it has the obligation to ensure the good course of the rights that are not subject to restriction or condition. Sergio García-Ramírez Judge Pablo Saavedra-Alessandri Secretary

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