The daughter of Tasos Isaac has won an appeal against the Paralimni municipality regarding unused land that was expropriated from her father. This ruling, issued on October 30, validates Maria Isaac Kouskounou’s claim to the land, which has remained unutilised since its expropriation. Tasos Isaac was tragically killed in 1996 by Turkish forces during a demonstration in the buffer zone.
The court’s decision, made public on Thursday, reverses an earlier judgement from the court of first instance that had dismissed part of Kouskounou’s case, deeming it overdue. The initial ruling questioned whether she could pursue the case on behalf of her deceased father and his brother, given that both had passed away.
Kouskounou’s legal representation argued that her appeal was valid and that it did not infringe upon the rights of her father’s other heirs. According to her lawyer, the request was for the land to be returned to all heirs, not just herself, thus preserving their collective rights.
The appeals court affirmed Kouskounou’s status as an heir and pointed out that if expropriated land remains unused for its intended purpose within three years, the expropriating authority is legally obligated to return the property. This ruling emphasised that the beneficiary must be given a chance to either accept or reject the offer of the land within a three-month timeframe.
In the earlier court proceedings, the judge had ruled that all co-owners of the property should collectively file a claim, which the appeals court found to be erroneous. The appeals court clarified that one co-owner can indeed lodge an appeal without compromising the interests of the other co-owners, underscoring the right of any registered owner to contest decisions that affect their property rights.
As a result, the appeals court not only set aside the previous judgement but also mandated that the case be returned to the court of first instance, where it will be examined by a different judge. Additionally, Kouskounou was awarded costs amounting to €3,000 plus VAT, providing some financial relief in a lengthy legal battle.
The history of Tasos Isaac is marked by tragedy and loss. He was one of two individuals killed during protests in 1996, which were sparked by tensions in the buffer zone near Dherynia. The fatal incident involving Isaac occurred on August 11, when Greek Cypriot protesters clashed with Turkish Cypriot counter-demonstrators, leading to violence amidst the chaos. Isaac was fatally injured after becoming entangled in barbed wire, ultimately succumbing to a brutal beating.
Three days later, during Isaac’s funeral, another demonstration led to the death of Solomos Solomou, who was shot by a Turkish soldier while attempting to remove a Turkish flag from a military post. These events have left a lasting impact on the community and the families affected, shaping the ongoing struggle for recognition and justice.
