11
45.
The attorneys believe that the basis should be the loss of earnings, calculated according to
the income that Manfredo Velásquez received at the time of his kidnapping, at the age of 35, his
studies toward a degree as an economist, which would have allowed him to work as a
professional, and the possible promotions, Christmas bonuses, allowances and other benefits he
would have been entitled to at retirement. They calculate an amount which in thirty years would
be one million six hundred and fifty-one thousand six hundred and fifty lempiras. They add to
that the retirement benefits for ten years, according to life expectancy in Honduras for a person of
that social class, calculated at seven hundred and seventy thousand seven hundred and sixty
lempiras, which gives a total amount of two million four hundred and twenty-two thousand four
hundred and twenty lempiras.
46.
The Court notes that the disappearance of Manfredo Velásquez cannot be considered an
accidental death for the purposes of compensation, given that it is the result of serious acts
imputable to Honduras.
The amount of compensation cannot, therefore, be based upon
guidelines such as life insurance, but must be calculated as a loss of earnings based upon the
income the victim would have received up to the time of his possible natural death. In that sense,
one can take as a point of departure the salary that, according to the certification of the Honduran
Vice-Minister of Planning on October 19, 1988, Manfredo Velásquez was receiving at the time of
his disappearance (1,030 lempiras per month) and calculate the amount he would have received
at the time of his obligatory retirement at the age of sixty, as provided by Article 69 of the Law of
the National Institute of Social Security for Teachers and which the Government itself considers
the most favorable. At retirement, he would have been entitled to a pension until his death.
47.
However, the calculation of the loss of earnings must consider two distinct situations.
When the beneficiary of the indemnity is a victim who is totally and permanently disabled, the
compensation should include all he failed to receive, together with appropriate adjustments based
upon his probable life expectancy. In that circumstance, the only income for the victim is what he
would have received, but will not receive, as earnings.
48.
If the beneficiaries of the compensation are the family members, the situation is different.
In principle, the family members have an actual or future possibility of working or receiving
income on their own. The children, who should be guaranteed the possibility of an education
which might extend to the age of twenty-five, could, for example, begin to work at that time. It
is not correct, then, in these cases, to adhere to rigid criteria, more appropriate to the situation
described in the above paragraph, but rather to arrive at a prudent estimate of the damages,
given the circumstances of each case.
49.
Based upon a prudent estimate of the possible income of the victim for the rest of his
probable life and on the fact that, in this case, the compensation is for the exclusive benefit of the
family of Manfredo Velásquez identified at trial, the Court sets the loss of earnings in the amount
of five hundred thousand lempiras to be paid to the wife and to the children of Manfredo
Velásquez as set out below.
50.
The Court must now consider the question of the indemnification of the moral damages
(supra 27), which is primarily the result of the psychological impact suffered by the family of
Manfredo Velásquez because of the violation of the rights and freedoms guaranteed by the
American Convention, especially by the dramatic characteristics of the involuntary disappearance
of persons.
51.
The moral damages are demonstrated by expert documentary evidence and the testimony
of Dr. Federico Allodi (supra 12), psychiatrist and Professor of Psychology at the University of
Toronto, Canada. According to his testimony, the above doctor examined the wife of Manfredo
Velásquez, Mrs. Emma Guzmán Urbina de Velásquez and his children, Héctor Ricardo, Herling
Lizzett and Nadia Waleska Velásquez. According to those examinations, they had symptoms of
fright, anguish, depression and withdrawal, all because of the disappearance of the head of the