ARGENTINA: Indigenous Jury Trials Become a Reality as the Moqoit People in Chaco Deliver Their First Verdict

 

Indigenous Jurors in a mock jury in 2022
in El Impenetrable

The province of Chaco has once again marked a milestone in the history of jury trials worldwide. On October 22, 2026, twelve men and women from the Moqoit People found a man guilty of three counts of sexual abuse committed against three women from their own community.

The three complainants and the defendant all belong to the Moqoit Nation, one of Chaco’s three major Indigenous peoples, alongside the Qom and Wichí. Throughout the hearings, the twelve jurors had access to simultaneous interpretation between the Moqoit language and Spanish. The defendant was also provided with an interpreter.

THE VEREDICT

Chaco’s Jury Trial Act, enacted in 2015 and amended in 2020, establishes three requirements for jury composition that are unique in the world (see) (global impact) (repercussions).

First, gender parity is required in every case. Second, when the defendant is Indigenous, six of the twelve jurors must also be Indigenous, following a practice that was customary in Anglo-Saxon common law from the 12th century until the late 19th century (jury de medietate linguae). Finally, and this is the major innovation on a global scale, when both the victim and the defendant are Indigenous, all twelve jurors must belong to that Indigenous people.

This is what happened for the first time in Argentina, and it is precisely what gives this event its enormous historical and political significance.

For the first time since 2015, Chaco implemented the Indigenous jury trial system established under Section 4 of Law No. 2364-B. The time it took to do so is explained by the requirement to carry out prior consultation with Indigenous Peoples, as provided for under Convention No. 169 of the International Labour Organization (ILO).

This jury trial is an event that once again places the province at the forefront of global efforts to promote citizen participation and recognize the rights of Indigenous Peoples within the justice system.

From a pioneering experience to a right made reality

First jury trial in 2024 with Qom and Wichi members

In 2024, Chaco had already been the setting for an unprecedented experience worldwide: the first jury trial composed entirely of Indigenous people, belonging to the Qom and Wichí peoples (see).

However, an important distinction must be made. On that occasion, the composition of the jury resulted from an agreement between both parties during voir dire to exclude individuals who did not belong to an Indigenous people, in a homicide case involving two young Qom men in the heart of El Impenetrable Forest. As a result, the jury was composed entirely of twelve Qom and Wichí jurors.

Nevertheless, one fundamental step remained: putting into practice the provisions that had been part of Chaco’s legislation from the outset.

Following the completion of the prior consultation process with Indigenous Peoples (see) (see), Section 4 of the Jury Trial Act came fully into force. It provides that, whenever both the victim and the accused belong to the same Indigenous people, all twelve individuals responsible for deciding the case must also belong to that community.

Prior Consultation 

First draw of Indigenous Jurors

That is precisely what happened today with this trial. Whereas in 2024 Indigenous representation was an achievement secured through litigation, in 2026 it became a reality guaranteed by law itself.

It was no longer a matter of securing an Indigenous jury during voir dire, but of summoning one because that is what the Chaco justice system requires (First Draw).

When these laws establishing gender parity and full Indigenous representation were debated in Argentina, it was expressly pointed out that the ideal of fair cross section of the community clashed with the reality of the serious problems of minority underrepresentation that had existed, and continue to persist, in common law countries. The law set out to remedy that inequality, and today Argentina is showing the world the results.

64 Moqoit citizens answered the call to serve as jurors

The first day began with a voir dire hearing that lasted nearly six hours. Thanks to the outstanding work of the Judicial Office in summoning prospective jurors, 64 men and women from the Moqoit People appeared to comply with jury duty. From among them, the twelve jurors and four alternates were ultimately selected, in compliance with the gender parity required by law.

The hearing was marked by active and committed participation. There were numerous questions, sincere answers, and an exchange that made it possible to get to know those who would assume one of the most important responsibilities a citizen can undertake: deciding whether another person is guilty or not guilty.

That commitment did not end with voir dire. Throughout the four demanding days of trial, the jurors arrived punctually, followed every witness statement, and fulfilled the responsibility entrusted to them.

Once again, the experience demonstrated that citizens are fully capable of doing justice when the State opens its doors and allows them to exercise that responsibility.

The team of the Judical Office 

A former judicial official tried by members of the very community he was supposed to assist

The defendant, Florencio Ruiz, who is Moqoit, served as an official within the Judiciary and was responsible for liaising between Indigenous communities and the Chaco justice system. His specific role was to guide and assist members of Indigenous peoples who needed to complete judicial procedures or undertake legal proceedings.

According to the prosecution, led by Juan Martín Bogado, the defendant took advantage of his position of power and the need for assistance of three adult women from the Moqoit People to sexually abuse them. The defense, led by Estefanía Argarate, public defender, argued that the three complainants had reached an agreement among themselves with the purpose of harming and discrediting Ruiz.

Over four days of intense proceedings, witnesses testified and the evidence presented by both parties was introduced. Once the trial concluded, the jury was instructed on the law by presiding judge Cristina Pisarello, deliberated for hours, and reached a unanimous guilty verdict on all three counts as charged.

 

Judge Pisarello instructing the jury

Prosecutor Juan Martín Bogado

Public Defender Estefanïa Argarate

Defendant Florencio Ruiz

A justice system that also speaks the language of its people

Another noteworthy aspect of this trial was the presence of interpreters throughout the hearings.

The Moqoit jurors had access to simultaneous interpretation so they could follow the proceedings in their own language, while the defendant was provided with the assistance of an interpreter at all times.

This was a concrete way of ensuring that Indigenous citizens could participate fully in a trial without having to set aside their language or cultural identity.

The public hearings were also streamed through the YouTube channel of Chaco’s Central Judicial Office for Jury Trials, allowing the community to follow the proceedings of this historic case.

More news here:

- Agencia Nova (22/10/26): "Chaco: jurado popular indígena declaró culpable a un exfuncionario judicial por abuso sexual contra tres mujeres" (ver)

- Tiempo Judicial (21/10/26): "Un juicio histórico en Chaco: el pueblo moqoit integra por primera vez un jurado popular" (ver)