10 42. The Commission does not propose an amount, but rather asserts that the compensation should include tow elements: a) the greatest benefits that Honduran legislation allows nationals in cases of this type and which, according to the Commission, are those granted by the Institute of Military Pensions, and b) a cash amount which should be set according to what is provided for by Honduran and international law. 43. The attorneys believe that the basis should be the loss of earnings, calculated according to the income that Saúl Godínez Cruz received at the time of his kidnapping, at the age of 32, and the possible promotions, Christmas bonuses, allowances and other benefits he would have been entitled to at retirement. They calculate an amount which would be one million three hundred eighty-eight thousand eight hundred and eighty-seven 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 six hundred ninety-four thousand four hundred twenty-one lempiras, which gives a total amount of two million eighty-three thousand three hundred and eight lempiras. 44. The Court notes that the disappearance of Saúl Godínez Cruz 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 Executive Director of the Personnel and Scales Office of the Magistery, dependancy of the Ministry of Education of Honduras on March 13, 1989, Saúl Godínez Cruz was receiving at the time of his disappearance (405 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. 45. 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. 46. 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. 47. 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 Saúl Godínez Cruz identified at trial, the Court sets the loss of earnings in the amount of four hundred thousand lempiras to be paid to the wife and to the daughter of Saúl Godínez Cruz as set out below. 48. The Court must now consider the question of the indemnification of the moral damages (supra 25), which is primarily the result of the psychological impact suffered by the family of Saúl Godínez Cruz 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.