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Chile is taking its first concrete legal steps toward addressing one of the most painful chapters in its modern history: the systematic theft and trafficking of babies during the military dictatorship of General Augusto Pinochet, which lasted from 1973 to 1990. During this time, thousands of newborns were taken from their biological mothers, primarily poor and vulnerable women, and sold into adoption—mainly to foreign families in the United States and Europe. These children have since come to be known as “The Children of Silence.”
In a groundbreaking development, a Chilean judge has announced the prosecution of individuals allegedly involved in these illegal adoptions. This marks the first time the Chilean judicial system has formally acknowledged and taken legal action against those responsible for these crimes.
I. The First Judicial Action Against Baby Trafficking
1. Allegations and Network Involved
Judge Alejandro Aguilar Brevis of the Santiago Court of Appeals is leading the investigation. According to a press release by Chile’s judiciary, the judge found that in the 1980s a coordinated network of health professionals, Catholic clergy, lawyers, social workers, and even a judge facilitated the illegal adoptions. These individuals identified and targeted impoverished mothers, took their babies, and sold them to foreign couples for as much as $50,000.
The investigation centers on the city of San Fernando in central Chile and involves two specific cases where babies were taken and placed with foreign adoptive families. However, experts and activists believe these cases are just the tip of the iceberg.
2. Arrest Warrants and Charges
Judge Aguilar has issued arrest warrants for five individuals suspected of being part of this network. They are being charged with criminal association, child abduction, and willful misconduct. The judge has also ordered that these individuals remain in pre-trial detention.
One notable suspect is a former Chilean family court judge who now resides in Israel. The Chilean government has formally requested this individual’s extradition to face charges in Chile. According to the judiciary, CNN has reached out for comments and legal representation details, but no responses have been provided.
II. Legal and Human Rights Implications
1. Crimes Against Humanity
Judge Aguilar has ruled that the statute of limitations does not apply in this case, emphasizing that these acts qualify as crimes against humanity. The ruling aligns with international legal standards set by the American Convention on Human Rights and the Inter-American Court of Human Rights. This classification ensures that the accused can be held accountable despite the passage of decades since the crimes were committed.
2. Government Initiatives and Task Force Findings
Just a day before the judiciary’s announcement, Chilean President Gabriel Boric revealed that a task force he had created the previous year had submitted its final report on the issue. Based on its recommendations, the government plans to establish a genetic fingerprint bank. This initiative aims to help stolen individuals trace their origins and enable reunifications with their biological families.
President Boric has spoken publicly about the matter, acknowledging the state’s role in allowing such a widespread and systematic practice to occur. He emphasized that the creation of the task force and the planned database demonstrate his administration’s commitment to truth and justice.
III. Voices from the Ground
1. NGO Efforts and Survivors’ Stories
Constanza del Río, founder and director of the Santiago-based NGO “Nos Buscamos” (We Are Looking for Each Other), has been instrumental in advocating for victims and their families. Herself a victim of illegal adoption, Del Río filed a lawsuit in 2017 calling for a thorough investigation. Despite initial setbacks and a lack of progress from a special prosecutor, she has continued her work.
Del Río’s organization has built a database of around 9,000 suspected cases and has helped reunite over 600 children with their biological parents. While she welcomes the recent judicial actions, she remains cautiously optimistic, stating that the process has been painfully slow and often retraumatizing for victims.
2. Decades of Documentation and Awareness
The illegal adoptions have been documented for over ten years by NGOs and international media. Since 2014, CNN has reported multiple instances where individuals stolen as infants have reconnected with their biological mothers through DNA testing. In 2014, Marcela Labraña, then-director of Chile’s child protection agency SENAME, confirmed that her agency was investigating hundreds of cases and believed the true number could reach into the thousands.
Labraña stated, “This is no longer a myth. We know nowadays that this happened, and it was real. It’s not a tale that a couple of people were telling.”
Conclusion
Chile is finally taking meaningful steps toward acknowledging and addressing the horrifying reality of baby theft during the Pinochet dictatorship. Through judicial proceedings, government initiatives, and civil society advocacy, the country is beginning to reckon with crimes that have haunted thousands of families for decades.
While justice may be delayed, it is not denied. As investigations continue and more truths come to light, Chile must ensure that this dark chapter is not only documented but never repeated. The path toward healing and justice has begun, and the voices of “The Children of Silence” are finally being heard.
