90% of cases are decided using only documents submitted to the court. Only 10% actually have an oral trial, and it is typically the more serious cases. Today we visited the district court of Bs As (Buenos Aires). The case involved robbery, threat, and rape...
a functional room of relative elegance. an otherwise plain burgundy curtain displays the cross of Jesus Christ guiding the three judge panel. the same curtain frames the outer windows, while bars take away from what may perhaps otherwise be charm. 5 armed guards in gray camo and utility vests position themselves around the room. this seems to be one of the few places where smoking is prohibited. 3 more security in all blue join the entourage.
prosecution shows up in a European street outfit: pointy heeled boots, tight blue jeans, a fitted black leather jacket, and round fashion sunglasses on her head.
the judges sit at the head of the courtroom. two men and one woman; all three sit in business attire - no judicial robes. prosecution and defense face each other; D on the judges´ left, P on their right. witnesses sit in a lone chair between P and D, facing the judges. there is no jury.
the defendant leaves the room, accompanied by two of the camo guards, into a secluded chamber away from the trial. the door to the room is left open, so that he can still hear the proceedings.
the witness then takes the stand. she is a petite woman, pretty face. she is 24 now; she was 16 when it happened.
tears strain her voice as she tells the judges her story of that painful day... [a story I have to be thankful for the language difference which prevented my comprehension of the details]. the three girls went home from school and were making lunch. he came to the door - said he wanted the money. he put two of the girls in the bathroom. the witness was one of these girls. he took the other girl, the one who lived at that apartment, out to the other room. the two in the bathroom heard their friends crying and saying no and please stop, but they were too frightened by his threats and the gun he had pointed at them to do anything. then he brought the other girl back to the bathroom. she was naked. he told her to shower and wash herself well.
the witness concluded her story. then prosecution asked a few clarifying questions. defense had no questions. the judges asked a couple things of the witness, then she stepped down. next the doctor and the psychologist were called as witnesses.
The civil law system is not an adversarial system like we have in the US, it is more just an inquisitorial system. The judges actively participate - asking questions rather than just listening. The defendant may also question witnesses. In this case, the defendant chose to leave the courtroom, rather than to face the victim/witness. The defense attorney asked no questions during the trial, and talking to the judge afterward he said it was because of the confession that the defendant had already given. There simply was no defense to present. Also, D had a prior rape conviction, and his counsel then had tried all the defense tactics. None worked, so it was more efficient to not bother again.
