The Inter-American Court of Human Rights: The Ambassador of Universalism 85 victim’s cousin could be considered to be her brother by taking into account the fact that the cousin had been brought up by the Mack Chang family as one of their own. 108

In the Bulacio Case, the victim’s paternal grandmother was also recognized as a beneficiary of compensation. 109 Further, in Carpio-Nicolle et al. Case, the Court treated one of the victim’s employees as his daughter by taking into account the fact that Mr. Carpio Nicolle was “ like a father to her”. 110

However, in Aloeboetoe et al. Case, the Commission argued that, in traditional Saramaca society, a person is not only a member of a family but also of the village community and of a tribal group. According to the Commission, the

villagers111 constituted a family in itself, implying that damage caused to one of the villagers would affect the whole community. 112 The Court refused to accept this argument, holding that every individual, in addition to being a family member and a citizen of a State, is generally also a member of an intermediate community. Nevertheless, this does not prevent a community from claiming compensation for damage it has suffered directly, 113 as was the case in later judgments. 114 In applying this liberal interpretation of relative, the Court attempts to benefit the victim’s entire family circle with reparatory measures and gives responsibility to the violating State with regard to the violation’s consequences. The reparation may consist of returning the situation to its original state, where this is possible, or of compensation or

measures of satisfaction. It is in this type of measure that the moralization of Inter-American law becomes most apparent. The measures of satisfaction facilitate the reparation of non-pecuniary loss, 115 in addition to possible compensation. The Court maintains that the judgment detailing the violation itself and the State’s recognition of its responsibility are forms of reparation of non-pecuniary loss. 116 For example, in

Cantos v. Argentina, the Court ordered the State to abstain from asking the victim to pay disproportionate costs amounting to 140,000,000 USD. It held that the judgment

108Myrna Mack Chang Case, ibid. at para. 244.

109Bulacio Case, supra note 54 at para. 79.

110Carpio-Nicolle et al. Case, supra note 92 at para. 98 : “ Karen Fischer, former daughter-in-law of the victim, Jorge Carpio Nicolle, shall also be the beneficiary of reparation equal to that of a daughter of Mr. Carpio Nicolle, since it was proved that, emotionally, she was like [ a] daughter for the victim and that she had worked at his side from when she was young […]. In addition, Mrs. Fischer furthered Mr. Carpio Nicolle’s judicial proceeding during several years, so that she endured threats and an attack on her life […]. It has equally been proved that Mrs. Fischer’s children, Daniela and Rodrigo Carpio Fischer, were very affected by the death of their grandfather, Mr. Carpio-Nicolle […], and had close ties to him. Subsequently, Mrs. Fischer and her two children were forced to go into exile”.

111“ Aldeanos” in the original text. Aloeboetoe et al. Case, supra note 23 at para. 83.

112Ibid. at para. 83.

113Ibid. See also : Case of the Mayagna (Sumo) Awas Tingni Community, 2001 Inter-Am. Ct. H. R.

114Yatama Case (Nicaragua) (2005), Inter-Am. Ct. H. R. (Ser. C) No. 127, Annual Report of the Inter-American Court of Human Rights : 2005, at 9 online : Inter-Am. Ct. H. R. < http :// www. corteidh. or. cr / docs/ informes/ Inf% 20anua% 202005% 20diag% 20ingles. indd. pdf> ; Moiwana Community Case, supra

note 16.

115On satisfaction, see Pierre André Bissonnette, La satisfaction comme mode de réparation en droit international (Genève : Annemasse, 1952).

116Baldeón-García Case, supra note 76 at para. 189 ; Maritza Case, supra note 103 at para. 166 ; Bulacio Case, supra note 54 at para. 96 ; Juan Humberto Sánchez, supra note 75 at para. 172 ; Five Pensioners Case, supra note 75 at para. 180.