Cyprus’ Court of Appeal has unanimously rejected an appeal by German property agent Eva Isabella Künzel, who is accused of usurping Greek Cypriot properties in occupied Agios Amvrosios in the Kyrenia district, ruling that, on the evidence before it, her 26-month detention does not constitute a violation of her rights.
The ruling, dated 15 September 2026, concerned a challenge against a Nicosia Criminal Assize Court decision to continue Künzel’s detention following a further adjournment in the case.
Künzel has been in custody since 19 July 2024, while the trial before the Assize Court has been under way since March 2025.
She faces 46 charges, including alleged fraudulent transactions involving immovable property belonging to another person, unlawful possession and use of properties without the owners’ consent, and money laundering.
According to the prosecution, the allegations concern transactions involving properties in occupied Agios Amvrosios between 2023 and 2024, where residential developments were allegedly being constructed.
Detention
The Court of Appeal noted that Künzel had repeatedly raised the issue of her detention before both the Nicosia Criminal Assize Court, where the case is being heard, and the Court of Appeal.
Her detention was initially ordered on the basis of a risk of absconding, a finding which was subsequently upheld on appeal.
Applications for bail conditions and challenges to the continuation of her detention had also been made at various stages. These were rejected by the lower court, with the relevant decisions subsequently upheld by the Court of Appeal.
The latest appeal followed another adjournment of proceedings before the Assize Court. Künzel argued that the prolonged period of detention, together with the repeated adjournments, violated her rights.
The Assize Court had acknowledged that the length of detention could, in certain circumstances, amount to a violation of Article 3 of the European Convention on Human Rights. However, it found that this threshold had not been reached in the circumstances of the case.
The Court of Appeal agreed with that assessment.
Court finds latest adjournment justified
The Appeals Court found that the latest adjournment was justified and that there was nothing objectionable in the way the prosecution or the Assize Court had handled the proceedings.
The court referred to its previous ruling of 4 September 2026, in which it had examined and rejected grounds of appeal concerning the continuation of Künzel’s detention.
It said the short adjournment did not make the overall period of detention excessive and did not constitute a new circumstance capable of changing its previous assessment.
The Assize Court had also noted that the case had been scheduled to continue with clear directions in place.
The Court of Appeal said the other grounds raised in the latest challenge had already been considered in its 4 September ruling and that no new facts had emerged to justify a different conclusion.
Appeal dismissed in full
The Appeals Court went further, observing that the latest challenge could be regarded as approaching the limits of an abuse of process because the developments between the two hearings were not sufficient to overturn the position established at the previous hearing.
It concluded that the remaining grounds of appeal did not differ materially from those already examined in its earlier decision and described grounds two, three and four as unfounded.
The appeal was therefore dismissed in its entirety and the first-instance decision was upheld.
The latest hearing before the Nicosia Criminal Assize Court had been scheduled for the continuation of the trial, with testimony due to be heard by videoconference.
Source: CNA
