A family that has been battling a 24-year court case to get their house back after a squatter made it his own, have taken the matter to the European Court of Human Rights.
The Montanaro Gauci family tried in vain to get the house back, which was requisitioned in 1987.
Following a protracted legal battle, the family last November got the measly sum of €14,000 in compensation for lost rent from the property, estimated to be worth €230,000.
Still, the court ruled that the family could not get the house back because it had been taken by the government to provide social housing.
According to evidence given by the family in court, the squatter, Carmelo Caruana, had broken into the house, moved in and then validated his position by getting the government to issue a requisition order, invoking the Housing Act.
Judge Anthony Montanaro Gauci had bequeathed the property in Wagon Street, Rabat, to his children, who feel that there has been a serious breach of human rights.
“I feel there has been a severe violation of my father’s human rights and I want to vindicate it”, lawyer and son Gerald Montanaro said.
The family first voiced its objections about the issue shortly after Mr Caruana moved in. That was 1987.
A derequisition order was secured by the family after they too had a meeting with government representatives and judicial proceedings were initiated to evict Mr Caruana.
However, in June 1988, just before the judgement, the government issued a second requisition order and the court was left with no option but to decide in favour of the government and a fixed rent of €35 a year was set. This was increased to €185 a year following amendments to the rent laws.
Eventually, in December 2010, the civil courts ordered the Director of Social Housing to pay the family €8,000 as compensation and Mr Caruana to vacate the premises within three months.
An appeal was filed and the Constitutional Court upped the compensation to €14,000 but overturned the decision to give the house back.
In the application to the European Court of Human Rights, the family have asked that the property is returned and fair compensation given to them.
Lawyers David Camilleri and José Herrera filed the application.