CHACO, ARGENTINA: HISTORIC FIRST PROVINCIAL DRAW OF INDIGENOUS JURIES

In an unprecedented event for the world, the official drawing of indigenous peoples to be included in the official list of indigenous juries was held in the province of Chaco, Argentina. 

Chaco's civil and criminal jury trial laws mandate that all twelve jurors must be indigenous people when the accused, defendant, and victim are also indigenous. When only the accused or defendant is indigenous, six of the jurors must also be indigenous.

The Ministry of Government held this historic event for the Chaco justice system. Although jury law 2364-A, which includes indigenous juries, was enacted in 2015, it had not been implemented until now; it lacked of an essential requirement: free, and informed consultation with indigenous peoples, as guaranteed by the National Constitution and international treaties of human rights.

Minister of Government
Jorge Gómez

This breakthrough took ten years of patient consultation and was made possible through a sustained dialogue with indigenous communities, culminating in the Intercultural Assembly held in the town of Juan José Castelli, the gateway to the world-famous El Impenetrable Rainforest, home to nearly 200,000 indigenous people. 

Representatives of the three officially recognized indigenous peoples in the Chaco province -Qom, Wichí and Moqoit- participated, and gave their full approval to trial by jury. 

This represents a key step forward in the recognition and effective guarantee of the collective rights of indigenous communities.

A few months ago, the unexpected happened: before having this process finished, there was already a first all-indigenous trial in the Impenetrable. This had a huge worldwide impact, to the point that it was covered by the national and international press(Spanish) (English) (Portuguese) (Italian) (French) (German). 

But why this happened before the implementation? it was only because after the voir dire, the parties excluded the whites with their challenges and twelve indigenous Qom and Wichí jurors were selected randomly.

The purpose of the drawing was to integrate the annual pool of potential jurors, composed exclusively of members of indigenous communities, to serve in criminal or civil cases involving members of those communities, either as victims, plaintiffs or defendants. This consolidates an intercultural justice approach, marking a turning point in the judicial history of juries in the country and around the world.

Beyond the legal aspect, the implementation of the indigenous jury trial represents a profound cultural shift. For the first time, twelve members of Indigenous communities will be called upon to decide, with complete autonomy, the guilt or innocence of a person in serious criminal cases or liability and damages in civil cases. This policy fullfills the principles of equality before the law and access to culturally appropriate justice.

Minister of Government Jorge Gómez emphasized, "Surely, with the passage of time, we will be able to say that we were part of this historic process." 

Justice Emilia Valle, president of the State Supreme Court

At the close of the day, the president of the Superior Court of Justice and ardent promoter of the jury system in the country, Emilia Valle, highlighted the institutional significance of the event: "It's been almost six years since the first general draw, which took place on August 7, 2019. Today we take a new step toward a more participatory justice system, with a sense of belonging and social legitimacy."

This model not only expands the guarantees enshrined in the Constitution, but also opens the door to a more vibrant, diverse, and deeply representative justice system, in line with the universal ideals of human rights.

With this momentous step, Chaco is firmly weaving the dream of a truly intercultural justice system, where every voice, regardless of origin, is heard and respected. A justice system that recognizes the richness of diversity and embraces equity as a beacon, so that everyone can participate and be judged in a space of mutual respect, dignity, and belonging.

The lottery consisted of the mechanical extraction of two-digit numbers, corresponding to the last two digits of the National Identity Document (DNI) of indigenous citizens included in the current electoral roll. These numbers determine the base list of potential jurors in judicial districts I through VI.

In addition to the president of the Supreme Court of Justice (STJ), Emilia María Valle, the following were also present: Justice Víctor Del Río; the head of the Chaco Legislature, Carmen Delgado, along with her peers Maida With and Dorys Arkwright; Jorge Gómez, Minister of Government; the Secretary General of the Government, Carolina Meiriño; the General Government Advisor, María Alejandra Ferreira; the presidents Adrián Veleff (Ecom Chaco) and Lucas Apud Masin (Chaco Lottery); members of Indigenous communities, and provincial officials.

Meanwhile, the head of the Jury Trial Central Office, Fernanda Diez, and the co-head of the Jury Trial Central Office, María Graciela Serial, attended as observers from the Chaco Lottery hall, along with the presidents Fabiana Bardiani (Judges' Association), Florencia Ávila (Second District Bar Association), Cecilia Arroyo (Third District Bar Association), Ivana Valverde (Fourth District Bar Association), and the head of the Resistencia Bar Association, José Galassi. 

The draws for the First, Second, and Fifth Districts included 552 Qom citizens; the Second District included 184 Moqoit citizens; the Third Judicial District included 276 Moqoit citizens; the Fourth Judicial District included 184 Moqoit citizens; and the Sixth Judicial District included 414 Qom citizens and 276 Wichí citizens.

Read news here:

^Portal del Gobierno del Chaco 7/04/2025 Ver aquí

Diario Chaco 11/04/2025 Ver aquí

Diario La Voz del Chaco 11/04/2025 Ver aquí

Diario Tag 11/04/2025 Ver aquí

Portal Poder Legislativo de la Pcia. del Chaco Ver aquí

TN 24 11/04/2025 Ver aquí

ARGENTINA: The world's first entirely indigenous jury rendered a guilty verdict on a murder case against two members of the Qom Indigenous People

 

The indigenous jury

In what constitutes the first experience of its kind in the entire world, a jury of twelve members of the Qom and Wichi indigenous peoples found two men from the Qom community guilty of homicide.

The defendants are Jorge Ángel Díaz (perpetrator) and Matías Custodio Gabriel Aranda (accomplice), and the first fully indigenous jury in Latin America convicted them for the death of young Bruno Gabriel Quiroga, also Qom, in a knife fight.

Quiroga was killed by Díaz in the Curishi neighborhood of Castelli in the early hours of June 11, 2022, using a large knife provided by Aranda, which inflicted a mortal wound on Quiroga's left leg by affecting the femoral vein.

Since the stab wound was to the leg, the defense claimed for the lesser included offence of involuntary manslaughter, but without success. Their own peers considered that the stabbing was with the intent to kill.

The historic trial took place in the city of Juan José Castelli, in the heart of the world famous Impenetrable Forest, where the Indigenous Peoples Qom, Wichi, and Moqoit have lived for almost twelve thousand years.

The jury trial law in Chaco, enacted in 2015 and reformed in 2020, establishes a triple requirement for jury selection in a way that is unique on the planet (see) (see more) (indigenous jury). 

First, gender parity is required in all cases. Second, if the accused is indigenous, six of the twelve jurors must be indigenous, as was customary from the 12th century until the late 19th century in Anglo-Saxon common law (jury de medietate linguae). Lastly, and this is the great innovation worldwide, if the victim and the accused are indigenous, all twelve jurors must be indigenous.

This was what happened for the first time in Argentina, hence its enormous historical and political significance. Both the deceased young man and the accused were from the Qom People, which is why the first 100% indigenous jury in the world tried this case.

In this jury, there were four Qom men and four Qom women, and two Wichi men and two Wichi women. During the voir dire, both the prosecution and the defense challenged for cause and used their peremptories to remove all the white potential jurors. Incredible, but true.

When these laws were discussed in Argentina with gender parity and full indigenous integration, it was explicitly stated that the ideal of a fair cross section of the community clashed in reality with the underrepresentation of minorities that have existed and still persist in common law countries. The jury law of Chaco decided to remedy this inequity, and today Argentina shows the world its results for the very first time.

Elizabet González, Loxoi´che
(Qom leaderess)

""This a historic day for our Peoples"

Elizabet González, a key link between the Indigenous Peoples and the Judiciary, witnessed the entire trial and stated that for our Peoples, "this is a historic day". She described the experience as "very intense" and stated that it was "moving to see 80 potential jurors, 22 of whom belonged to Qom and Wichi Indigenous peoples."

By order of Judge Raúl Rach, explained Loxoi'che González, "there were translators and interpreters in Qom and Wichi indigenous languages from the Judiciary for the voir dire hearing," and "in some specific situations for the Wichi brothers, so they could understand some questions that were being asked" during the selection stage.

The Qom leaderess emphasized the "historical significance of the testimonies I was able to exchange with the members of this jury, being a part of it," among which she highlighted one who "expressed the great commitment and responsibility they undertook."

Finally, she called for the Chaco State to "comply with article 4 of Law 2374-b, which establishes consultation for the formal implementation of indigenous jury trials.

The defendants and the prosecution

The judge was Raúl Rach. The prosecutor was Carlos Fabricio Calvo, and the complainant was Carolina Aquino. The accused were assisted by the public defenders Iván Lozina and Gustavo Kleisinger. The organization of the trial by the Jury Trial Judicial Office was led by Dr. Alejandro Darío Pellizzari.

THE VERDICT

Read more news here:

- Poder Judicial de Chaco (24/04/24): "Histórico: Jurado popular íntegramente indígena actuó en juicio contra imputados qom" (ver)

- La Nación (1/05/24): "Un homicidio, dos acusados. Se hizo en la Argentina el primer juicio por jurados indígena del mundo" (ver)

- Perfil (1/05/24): "Cómo fue el primer juicio por jurado del mundo integrado solo por indígenas" (ver)

CHACO Province, Argentina: Indigenous Civil Jury is about to be real

Elizabeth González, leader of the Qom Nation

Chaco province is a pioneer in the world in extending the trial by jury to civil matters. Until now, only criminal cases were included. Argentina highlights a historic step for access to justice.

It is a dream that is about to come true. And that will change reality forever.

One of the meetings of the consultation, March 2020.
The pandemic delayed the process.

Chaco is getting closer to full implementation of an Indigenous trial by jury. An important meeting is scheduled for tomorrow. This meeting is aimed at drafting the set of rules for the consultation of the three Indigenous Peoples of Chaco: Wichí, Qom, and Moqoit. 

The meeting plans to begin at 4:00 p.m. in the House of History and Culture of the Bicentennial of Fontana.

The jury bill in four langauges:
Qom, Wichí, Moqoit and Spanish

As in the criminal jurisdiction, the move towards Indigenous civil jury represents an unprecedented event in Argentina and Latin America (global impact). Although there are countries, such as Bolivia, where the Judiciary foresees a kind of splitting for those who have an indigenous worldview, the Chaco model is integrated into the institutional framework (historical day). 

The Chaco civil jury law has an indisputable world class level, since it simultaneously regulates completely innovative aspects for Argentine civil procedural law:

1) It establishes a civil jury of twelve members, presided over by a judge who will instruct the jury on the law, and a general unanimous verdict. A special verdict may also be rendered. The jury will try class actions, consumer rights collective disputes, tort cases of over half a million pesos and collective environmental and land disputes.

2)  Establishes by law the civil adversarial litigation in a mandatory oral and public trial.

3)  The jury will have gender equality. The jury will be composed of six women and six men.

4)  Indigenous jury:  If the plaintiff and the defendant belong to the Wichí, Moqoit or Qom Indigenous Peoples, the twelve jurors will be of that ethnic group.

5)  Provides both a discovery hearing and a case management hearing. 

2019, discussing the indigenous jury

We present here invitation videos in each official language. The invitation card (PDF) mentions a constitutional requirement: that the consultation is contemplated in Convention 169 of the International Labor Organization ( ACT 24,071). This is important, since on several occasions acts, court decisions and executive orders were drafted that directly affected the life of Indigenous communities, without respecting the right to consultation. 

QOM PEOPLE

WICHI PEOPLE

MOQOIT PEOPLE

See more news:

- Diario Norte (27797219: "Los juicios por jurados civiles y comerciales indígenas están más cerca de implementarse" (ver)

CHACO, ARGENTINA: The Indigenous Jury took a big step forward towards its implementation

by Fernando Kosovsky,
 AAJJ (Argentina´s Trial by Jury Association) 
and  Indian Law Attorneys Association

The first jury roll was drawn on August 7th, 2019 in the province of Chaco, Argentina. Minutes after, the first workshop between the local Government, the Judicial Branch and the Indigenous Peoples dealing with the implementation of Indigenous juries in Chaco took place.

Chaco has the only jury law in the country which explicitly guarantees both gender equality, and also provides for a special jury of Indigenous peoples when the victim and the accused belong to those communities. In those cases, six of the twelve jurors must be Qom, Wichí or Moqoit, the three main Indigenous Nations from Chaco.

Several people arrived for today's draw and workshop from places as far away as the Impenetrable Forest - some left their homes as early as 3:00 am in order to hitchhike the 300 or so kilometers. 

Trial by jury is an ancient form of justice which requires that a group of twelve neighbors must decide two questions unanimously: 1) if the facts of the case really happened, and 2) if the person accused of having committed those facts is guilty or not guilty of the crime charged.

These neighbors must be citizens; a roll is drawn annually from the voting lists. From the roll, a list of 40 men and women will be drawn for each trial.

The implementation of the Indigenous Jury requires a prior, free and informed consultation process with the Qom, Wichí and Moqoit Peoples, established by ILO Convention 169 in order to obtain their consent, as provided by art. 19 of the United Nations Declaration on Indigenous Peoples.

The Indigenous Peoples of Chaco are already immersed in the consultation process, but this workshop further allowed information to be shared and ideas to be  exchanged which helps to advance and perpetuate the implementation of Indigenous Juries.

CHACO: El Jurado Indígena dio un gran paso hacia su implementación

Por Fernando Kosovsky,
 de la Asociación Argentina de Juicio por Jurados 
y la Asociación de Abogados/as de Derecho Indígena.

El 7 de agosto de 2019 pasará a la historia como el primer sorteo de Jurados en Chaco, luego del cual tuvo lugar la primera reunión de trabajo del Estado de la provincia con los Pueblos indígenas tendiente a la implementación del jurado indígena en la provincia.

Varios de ellos llegaron a dedo desde El Impenetrable, viajando desde las 3 de la mañana para llegar a la reunión.

El juicio por jurados es una forma de juzgamiento muy antigua en la que un grupo de vecinos del lugar del hecho deberán decidir dos cuestiones: 1) si el hecho que se juzga realmente existió, y 2) si el acusado de haber cometido ese hecho es culpable o no culpable.

Esos vecinos son ciudadanas y ciudadanos elegidos anualmente por un sorteo público en el que se confecciona el listado del cual, a su vez, se sortean quienes integrarán el grupo en cada juicio.

La implementación del jurado indígena exige un proceso de consulta previa, libre e informada con los Pueblos Qom, Wichí y Moqoit, establecido en el Convenio 169 de la OIT (6) con la finalidad de obtener su consentimiento, conforme lo prevé el art. 19 de la Declaración de las Naciones Unidas sobre Pueblos Indígenas.

Los Pueblos ya están inmersos en ese proceso y esta reunión de trabajo permitió compartir información e intercambiar ideas para profundizar sobre cómo continuará avanzando la implementación del Jurado Indígena.