By: Rodolfo Varela
The Santiago Court of Appeals has indicted former judge Ivonne Gutiérrez Pávez for her role in a network that took children for international adoptions. The request for extradition from Israel marks a milestone in recognizing these actions as crimes against humanity.
A significant legal breakthrough has taken place in the investigation of illegal adoptions that occurred during Chile’s bloody civil-military dictatorship. Judge Alejandro Aguilar Brevis, acting on behalf of the Santiago Court of Appeals, has formally indicted Ivonne Gutiérrez Pávez, a former judge of the San Fernando Juvenile Court, for her alleged involvement in a network that facilitated the irregular removal and transfer of children to foreign families between the 1970s and 1980s.
Judge Alejandro Aguilar Brevis
Gutiérrez Pávez has been charged with criminal conspiracy, child abduction, and intentional judicial misconduct. The investigation found that she authorized the departure of minors from the country through flawed legal procedures, omitting the consent of their biological mothers and falsifying court documents. In some cases, adoptions were processed in as little as two days, with payments of up to $50,000 reportedly made for each child.
One of the most emblematic cases involves a three-year-old girl taken in January 1983, who was recovered days later thanks to the intervention of Carabineros (national police). This case and other evidence allowed the judge to establish the existence of a network involving judicial officials, lawyers, medical personnel, and clergy members.
Judge Aguilar has requested the extradition of the former judge from Israel—where she currently resides—invoking the European Convention on Extradition, which came into effect in Chile on June 1, 2025. The request is based on the classification of these crimes as crimes against humanity, which under international law and Inter-American Court of Human Rights jurisprudence, are not subject to a statute of limitations.
This case adds to three previous rulings that have recognized the non-prescriptive nature of forced adoptions during the dictatorship. A recent investigative report by The Clinic highlighted how these cases are finally gaining traction in the courts after years of invisibility.
The Hijos y Madres del Silencio Foundation, which has supported victims and their families, praised the legal progress. Its president, Marisol Rodríguez, stated: “With what Judge Aguilar has reported, whose rulings are now under review by the Supreme Court, it becomes clear that when there is a will to do justice, it is possible.”
This process sets a new precedent in the judicial recognition of human rights violations affecting children and families, and it strengthens the quest for truth, justice, and reparations for hundreds of victims of illegal adoptions during the brutal military dictatorship.
Victims of Human Rights Violations in Chile Still Await Comprehensive Reparations
Decades have passed since the Chilean state officially acknowledged the human rights violations committed during the military dictatorship. However, for many victims and their families, full reparations remain an unfulfilled promise. The urgent need for a new social pact to address this historical debt becomes more evident each day.
“What we want is not charity—it’s justice. It’s the recognition of everything we lost, of everything that was taken from us,” says Ana María Contreras, who was detained and tortured in 1974 when she was just 22 years old. Now 73, she still awaits specialized medical care, ongoing psychological support, and a pension that would allow her to live with dignity.
The numbers speak for themselves: more than 40,000 victims have been officially recognized by the state, yet many still lack access to adequate reparative measures. Human rights lawyer Carlos Ortega, who represents several families before the Inter-American Commission on Human Rights, argues that “the Chilean state has advanced in recognition, but has failed to implement a comprehensive reparations system that includes mental health services, education for victims’ children, housing support, and true justice.”
Luz en la Memoria, a foundation representing victims and their families, has submitted a report to Congress with concrete proposals. Its president, María José Rivas, stresses the need for a structural public policy: “One-off bonuses or piecemeal laws are not enough. Chile needs a strong legal framework that guarantees reparations and non-repetition measures.”
A critical issue is the lack of access to mental health care. “Many of our fellow survivors live with severe psychological trauma and don’t receive consistent or specialized treatment,” Contreras says. “What hurts the most is the state’s indifference.”
Lawyer Ortega also highlights structural problems: “Benefits have been granted in a partial, conditional, and sometimes humiliating way. There are survivors who have to beg for a medical appointment or a basic pension. That is revictimizing.”
The Ministry of Justice has announced working groups with civil society organizations to evaluate a new reparations policy. But in the meantime, victims are still waiting. “We are dying without having been heard. And that is also a form of violence,” Ana María says, her voice breaking.
Voices Demanding Justice: Testimonies of Chile’s Outstanding Debt
More than 30 years after the return to democracy, the Chilean state still owes a moral and legal debt to thousands of victims of human rights violations committed during the military dictatorship. Although mechanisms for reparation have been implemented, they are often inadequate and unequal. The voices of victims, lawyers, and human rights organizations amplify this critique.
Unforgettable Testimonies
María Soledad Acuña (a pseudonym), detained and tortured in 1975 by DINA agents, recounts:
“I was officially recognized by the Valech Commission, but that didn’t bring justice. I’ve never seen my torturers face consequences. The pension I receive doesn’t cover my psychological treatment.”
A similar story comes from José Rivas, the son of a disappeared detainee:
“I grew up with the image of my father as a shadow. The state recognized me as a victim, but how do you compensate for a childhood filled with silence and fear?”
Criticism from the Legal Field
Human rights lawyer Rodrigo Bustos points out that “the state has prioritized minimal, often conditional administrative reparations. There is no comprehensive approach that includes truth, justice, reparation, and guarantees of non-repetition.”
Organizations Demand State Policy
Macarena Aguilar, from Londres 38, states: “Reparations must stop being dependent on the administration in power. They must become a permanent state policy.”
Ongoing Emblematic Cases
Groups such as the Association of Relatives of Disappeared Detainees (AFDD) continue to call for the reopening of emblematic cases like those of Paine or Colonia Dignidad, where reparations have been mostly symbolic.
