Instituto Bolívar de Estrategia y Diálogo
Pensamiento Estratégico, Diálogo Global

Chilean Court Initiates First Prosecution in Baby Theft Case

Jun 2, 2025, 22:54

The Chilean judiciary, led by Judge Alejandro Aguilar from the Santiago Court of Appeals, has taken a historic step in addressing the issue of illegal child adoptions, spanning from 1970 to 1990. On Monday, Aguilar initiated the first prosecution concerning child abductions during this period. Furthermore, he has requested the extradition of former judge Ivonne Gutiérrez from Israel, who is among those charged.

In a bold move, Judge Aguilar has ordered the pre-trial detention of four individuals for criminal conspiracy, child abduction, and malfeasance in the irregular adoption of two children from San Fernando, located 140 kilometers south of Santiago. These children were handed over to foreign couples.

Aguilar has firmly rejected the notion that these offenses are time-barred, as they represent crimes against humanity committed under the military regime of Augusto Pinochet (1973-1990). Consequently, these acts must be punished in accordance with the American Convention on Human Rights and the jurisprudence of the Inter-American Court of Human Rights (CIDH).

Among those accused are Ivonne Gutiérrez, Ismael Espinoza, Carlos Vega, Laura Sánchez, and Sylvia Vilches, all facing charges of criminal conspiracy. Gutiérrez, previously serving as a judge in San Fernando's juvenile court, faces additional charges of child abduction and malfeasance. Espinoza, Vega, and Sánchez are being prosecuted as perpetrators of child abduction.

The saga began in 2014, when the first allegations of baby theft surfaced following an investigative report by the Chilean digital outlet CIPER. Mario Carroza, a then-judge who now serves on the Supreme Court, spearheaded a judicial inquiry into the irregular adoptions, most of which were international, occurring between 1970 and 1999. This investigation amassed hundreds of cases, with estimates suggesting the number of affected children could reach 20,000.

The inquiry into these adoptions, which commenced in 2017, initially comprised 342 cases and has since surpassed a thousand. Generally, these stolen babies were adopted by families in countries such as Sweden and the United States, leading to numerous heartwarming reunions decades later.

Judge Aguilar, the fourth magistrate to oversee this case, has uncovered a network operating in San Fernando during the 1980s. This network included lawyers, Catholic priests, members of social organizations, healthcare workers, and a judge, all collaborating to identify and adopt out children from impoverished mothers to foreign couples, sometimes involving payments of up to $50,000.

One victim shared her harrowing experience, stating that no information was provided about her child's whereabouts. When she sought answers, she was informed her baby had been taken to the United States, emphasizing that she had never consented to her child's adoption.

Invoking the European Extradition Convention, which became effective in Chile this past Sunday, Judge Aguilar has requested that Israel extradite Gutiérrez, who currently resides there.

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