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

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