Asociación Argentina de Juicio por Jurados: Historic first jury trial in Salta, Argentina: Unanimous guilty verdict in a femicide case

The jury of twelve citizens found Víctor Manuel Márquez guilty of murder with the aggravating circumstances of femicide, treachery, and cruelty in the death of Dalma Salomé Bataches. The case shocked Salta in September 2024.

Dalma’s family expressed their satisfaction with the outcome of the trial and their surprise at how quickly, under this system recently introduced in the province, “it is possible to have at least a little peace.”

It was a historic day for Salta and for northern Argentina. Salta’s first jury trial took place amid immense public anticipation and extensive local and national media coverage. The trial’s broadcast on YouTube and across social media kept a large part of the population on the edge of their seats.

In squares and cafés, ordinary people could be seen absorbed in their phones, watching the parties’ arguments and the reading of the verdict.

Governor of Salta, Gustavo Saénz

Governor Gustavo Sáenz, a key supporter of the law together with the State Supreme Court of Justice, echoed the significance of the verdict with these words: “When society participates, justice is strengthened. Today Salta took a historic step, in which citizens directly participated in a momentous decision for the justice system.”

The governor recalled that “in October 2024 I sent the bill to the House of Representatives to consolidate this system and comply with a constitutional mandate. The initiative was passed by the Legislature in December of that same year.” (see)

“Returning to citizens, through the jury system, the responsibility of deciding guilt or innocence in the most serious crimes strengthens our institutions and contributes to a more transparent justice system that is closer to the people,” he concluded.

Salta´s impressive courtroom during a recess,
with guests as mock jurors

After three days of hearing testimony from witnesses, forensic experts and police officers, as well as the parties’ arguments, the twelve members of the first jury in the province of Salta unanimously declared Víctor Manuel Márquez, a 20-year-old man, guilty as the perpetrator of Dalma’s aggravated homicide, which occurred last year.

They reached their decision after deliberating behind closed doors for more than two hours, following three days of testimony and evidence. The jury foreperson read the verdict in open court:

“We, the jury, unanimously find Víctor Manuel Márquez guilty as charged of the crime of femicide with treachery, and cruelty.”

Dalma y el puente donde fue asesinada

In this way, the jury found the prosecution’s theory of the case proven beyond a reasonable doubt. Prosecutors María Luján Sodero Calvet and Daniel Espilocín argued that Márquez killed Dalma Bataches, a 22-year-old mother of one, on September 17, 2024, beneath the old bridge in the Santa Lucía neighborhood. The victim used the area as a place to sleep, as she was homeless due to a substance abuse problem.

Márquez killed her in a horrific manner. He beat her severely, strangled her with a rope, and then dropped a 10 pound concrete block on her head.

They had no personal relationship, but both would spend the night in the same area in a context of drug use, vulnerability, and marginalization.

The defense was led by public defenders Nicolás Anuch and Karina Peralta, who did everything in their power to prevent the aggravating circumstances of the homicide from being applied.

The jurors were ordinary citizens with no legal training and were tasked solely with expressing their conviction regarding the guilt of the sole defendant. After a brief recess, the presiding judge, Guillermo Pereyra, sentenced him for life.

As previously emphasized, the Supreme Court of Justice of Salta has given unwavering and decisive support to the jury system. Justices Fabián Vittar, Teresa Ovejero, Pablo López Viñals, Gabriel Chibán, and even the recently appointed Justice Martín Diez Villa (former Public Defender) promoted numerous initiatives that ultimately made the jury system a reality.

Andrés Harfuch (INECIP), J. Teresa Ovejero
and J. Pablo López Viñals at the SC

In an interview with Quorum magazine, Gabriel Chibán, Justice of the Salta Supreme Court, stated that “this first trial marks a turning point in the province’s legal culture: it demands greater clarity in litigation, reinforces oral proceedings, imposes rigorous evidentiary standards, and promotes decisions that are understandable to the community. Justice becomes more transparent and therefore more accountable.”

Chibán added: “The jury system introduces a component of people´s sovereignty into the core of the judicial system. Citizens cease to be mere recipients of state coercion and become active participants as trier of facts. This expands the principle of democratic participation beyond suffrage, projecting it into the realm of the administration of justice. It is not a symbolic gesture: it is recognition that democracy is strengthened when the people intervene not only to elect their leaders, but also to judge in the name of the law.”

The trial caused such a stir that it brought together the top officials of the Jujuy Judiciary for three days, where trial by jury will soon become law.

Jury Instructions