The daughter of Tasos Isaac has won an appeal regarding the expropriated land that belonged to her father, who was killed in 1996 during a demonstration in the buffer zone. The decision, made public on October 30, has significant implications for the return of the land, which was not utilised as intended by the Paralimni municipality.
Expropriated land: A Long Wait for Justice
Maria Isaac Kouskounou’s legal battle has been ongoing since the original ruling by the court of first instance dismissed part of her case, citing the overdue status of her claim and questioning her right to pursue the case given that both her father, Tasos Isaac, and his brother had passed away. The court’s initial stance raised concerns about the rights of the heirs, given that Tasos Isaac had seven children.
The Court’s Ruling
In the latest ruling from the appeals court, Kouskounou’s legal counsel argued that her appeal was justified and did not infringe upon the rights of her siblings. The court concurred, stating that she was indeed an heir to the property and that her appeal was valid. The ruling noted, “If expropriated land is not used for the purpose intended within three years, the authority responsible for the expropriation is obliged to offer the property back to the original owner or their heirs for the purchase price.” This stipulation underscored Kouskounou’s legal footing in her claim.
Legal Precedents and Implications
The appeals court highlighted that a co-owner of a property is permitted to appeal a court decision independently, thereby safeguarding the interests of other owners. This aspect of property law played a pivotal role in the court’s decision to overturn the initial ruling, which had erroneously mandated that all co-owners must file collectively. The appeals court stated, “No regulation could deny any of the owners their right to appeal a decision.” This precedent could potentially pave the way for other heirs facing similar disputes.
Financial Implications of the Ruling
As part of the ruling, the appeals court ordered the first instance court to reconsider the case with a different judge, allowing for a fresh examination of previously overlooked aspects. Additionally, Kouskounou was awarded costs amounting to €3,000 plus VAT, an outcome that not only validates her claim but also compensates her for the legal expenses incurred during the lengthy process.
A Legacy of Violence
The case is rooted in a tragic chapter of Cypriot history. In August 1996, Tasos Isaac was killed during a protest against Turkish forces in the buffer zone near Dherynia. The demonstration escalated when Greek Cypriots confronted Turkish Cypriots, leading to violent clashes. According to a United Nations report, Isaac was fatally beaten by members of the Grey Wolves, a Turkish nationalist group, as he became ensnared in barbed wire.
Continued Struggles for Recognition
Three days after Isaac’s death, fellow protester Solomos Solomou was also killed during a demonstration. His attempt to remove a Turkish flag from a military post resulted in him being shot by a Turkish soldier, further cementing the violent legacy of this period in Cypriot history. The deaths of Isaac and Solomou are emblematic of the tensions that still exist in the region, and their families continue to seek justice and recognition for their losses.
Looking Ahead
With the appeal successfully granted, Maria Isaac Kouskounou is now poised to return to court and pursue the rightful return of her father’s expropriated land. This ruling not only serves as a personal victory for Kouskounou but also echoes a broader call for justice among families affected by the violence of the past. The upcoming hearings will be closely watched, as they may set important legal precedents for other heirs facing similar challenges.
As the legal processes unfold, the case of Tasos Isaac’s daughter illustrates the enduring impact of historical grievances and the quest for justice that many families in Cyprus continue to navigate. The resolution of this case could provide a much-needed sense of closure for the Isaac family and a reminder of the rights of heirs to contest expropriations that remain unresolved.
