Argentine Court Confirms Second Instance Ruling Revoking Political Asylum for Galvarino Apablaza

Original article: Confirman fallo de segunda instancia en Argentina que retira estatus de refugiado político a Galvarino Apablaza

Argentine Court Confirms Second Instance Ruling Revoking Political Asylum for Galvarino Apablaza

The Argentine judiciary has upheld the revocation of political refugee status for former guerrilla member Galvarino Apablaza, a status he held since 2010. Reported on Saturday, February 14, 2026, by the Argentine media outlet MNews, the ruling concludes over a decade of legal protection that Apablaza received under the administration of Cristina Kirchner, coinciding with allegations linking him to the murder of Udi founder and senator Jaime Guzmán in 1991, a charge he has consistently denied.

This judicial ruling reinforces a decision briefly made during Mauricio Macri’s presidency, which was later reversed following appeals filed by Apablaza’s defense. Judicial sources cited by MNews stated that Chilean authorities—including the Foreign Ministry and the Investigative Police (PDI)—have been notified of this ruling, potentially paving the way for extradition proceedings by the Chilean government.

Notably, during a brief interview with Chile’s Canal 13 in 2010, Galvarino Apablaza was asked about his possible involvement in the senator’s murder. When directly questioned if he was the intellectual author of the assassination, he denied it and claimed that he had «absolutely nothing» to do with the event, adding that his innocence was «proven during the extradition process» he underwent at that time.

Apablaza was subjected to political imprisonment and torture in Chile, evidenced by his time in institutions such as Londres 38, Estadio Chile, Public Jail of Santiago, ex-Penitentiary, Tres Álamos, and Puchuncaví, followed by his expulsion from the country without trial in 1975.

In 2017, ten human rights organizations in Argentina rejected the previous decision made by CONARE (National Commission for Refugees) during Macri’s government, expressing solidarity with Apablaza. Among these groups were the Grandmothers of Plaza de Mayo, Mothers of Plaza de Mayo Línea Fundadora, H.I.J.O.S. Capital, Relatives of the Disappeared and Detained for Political Reasons, and the Permanent Assembly for Human Rights. In a statement, they claimed that the revocation of his refugee status was arbitrary and violated Argentine law as well as international standards set by the United Nations High Commissioner for Refugees (UNHCR) concerning the protection of political refugees.

Complex Judicial Journey

The case has traversed a lengthy legal maze since Apablaza’s arrival in Argentina. During Mauricio Macri’s government (2015-2019), authorities made advancements towards revoking his asylum. However, following a successful appeal by his lawyers, Apablaza regained his legal protection in the neighboring country. This recent second instance ruling alters his migratory and judicial status in Argentina once again.

The matter has also been addressed at the presidential level in the past. According to MNews, President Gabriel Boric and his then-Argentine counterpart Alberto Fernández discussed the case within the context of their bilateral relations. However, Fernández reportedly stressed that the independence of the judiciary in Argentina prevented any executive intervention in the process, leaving the resolution solely in the hands of the courts.

Lautaro Carmona’s Stance in 2024

This case generated political repercussions in Chile as early as 2024. In an interview published by the newspaper «El Siglo» on April 27 of that year, Lautaro Carmona, president of the Chilean Communist Party, commented on the efforts made by then-Argentine Minister of Security, Patricia Bullrich, to reactivate the process against Apablaza.

Carmona questioned the minister’s motivations, suggesting that «this lady should worry about ensuring that the institutions in her country function and that there is respect for those institutions.» The PC leader emphasized that Apablaza’s asylum «is a matter for the Judiciary, not the Executive» and proposed that Bullrich could be using the issue «as political campaigning in favor of Chile’s more reactionary political positions.»

However, Carmona clarified that «the Communist Party condemned the assassination of Guzmán immediately after it occurred,» adding that «Apablaza has reiterated that he had nothing to do with that event,» warning that there might exist «more of a political operation than a legal one» in the reopening of the case and urging authorities to maintain «sobriety» and respect international conventions and judicial rulings.

José Antonio Kast’s Statements in December 2025

In December 2025, president-elect José Antonio Kast addressed the Apablaza case following a meeting with Argentine President Javier Milei. In statements reported by Tele 13 Chile on December 16, Kast described Jaime Guzmán’s assassination as «an open wound,» recalling that he is the only sitting senator murdered during democracy.

Kast, who stated that Guzmán was his teacher and friend, remarked that «we do not want to create a problem for Argentina» regarding Apablaza’s situation, although he expressed hope that «at some point, Mr. Apablaza will serve his sentence or face trial as appropriate.»