More Context on the Menil Frescoes

The Frescoes at the Menil in Montrose

The return of the Byzantine Frescoes to Cyprus presents an opportunity to consider what will happen to the physical space which was specially created to house them at the Menil in Houston. But it also offers an opportunity to look back at the acquisition process for the frescoes. Lisa Gray reports that at the time of the acquisition, Dominique de Menil understood they were dealing with ‘Thugs’:

An example of the chopped up mosaics before restoration

De Menil and her associates had flown to Munich, expecting to see two Byzantine frescoes of unusual excellence. Their contact, Turkish businessman Aydin Dikmen, led the little party to a ratty neighborhood at the edge of Munich, then up a flight of stairs to an apartment that had no electricity. In a room lit only by two candles, de Menil was shown two pieces of plaster (John the Baptist, plus part of an angel) propped against a wall. Other bits were packed in a crate. De Menil was horrified. “The pieces were too much chopped up to derive any impression of beauty,” she later told Texas Monthly reporter Helen Thorpe. “It was like a miserable human being that has to be brought to the hospital.” Through translators, Dikmen told her that the frescoes had been discovered under rubble at a construction site in Turkey. The de Menil party doubted the story. But de Menil agreed to pay Dikmen earnest money in exchange for the right to buy them in the future. At that point, she did something unusual for the wild-and-woolly 1980s antiquity market: She began earnestly trying to track down the frescoes’ rightful owner. Eventually, after many letters exchanged by lawyers and embassies, it became clear that the frescoes had been stolen from a tiny church near the town of Lysi, on the island of Cyprus. In 1974, after Turkey invaded northern Cyprus, looters systematically robbed the area’s churches and monuments of anything they could carry off. In the little church at Lysi, where the frescoes were painted into the walls’ plaster, they’d glued cloth to the walls’ surfaces, then used a chain saw and chisel to hack away Christ, Mary and the angels, yielding 38 cloth-fronted pieces.

It is a fascinating story of one of the rare examples of a collector working with the original owner to solve a theft, restore the mosaics, display them, and return them to Cyprus. But in this case, the thieves were rewarded. The mosaics were stripped from their church, sold on the international market in Munich. So it is a good result, and the Menil and the Byzantine Church of Cyprus should be rewarded, and yet this was a success for the thieves as well.

The Chapel in Lysi, Cyprus where the mosaics were stolen
  1. Lisa Gray, Afterlife for a chapel, Houston Chronicle, February 5, 2012, http://www.chron.com/life/gray/article/Gray-Afterlife-for-a-chapel-2968817.php#src=fb (last visited Feb 6, 2012).
Questions or Comments? Email me at derek.fincham@gmail.com

Objects from the Mercedes Wreck to be Returned to Spain

Images from an Odyssey Marine Press Release of the Coins

The costs of recovering objects from underwater sites is very high. As Andrew Lambert, a maritime historian says, “If you want to stand in a cold shower tearing up £50 notes, go shipwreck hunting . . . Most shipwrecks are rotting away, or carrying dull things—all the romance has been taken out of it.” Those working for Odyssey Marine may feel the same way this week.

The company has had its motion denied; the motion asked to stay last year’s decision in the 11th Circuit Federal Court of Appeals in Atlanta this week.

This means the thousands of silver and gold coins the company spirited up from the ocean floor in the North Atlantic, and flown to Florida—will now finally reach Spain. The company may decide to appeal the case to the United States Supreme Court, which would be an expensive and risky undertaking. So for now at least, Spain has prevailed. As the embedded video below reports, the coins may finally reach their ultimate destination—Spain—over 200 years after they first began their journey. The coins were minted in Peru and were sent around South America, before their vessel wrecked in the North Atlantic. The Spanish culture minister states in the video embedded below the jump that Spain is willing to return some of the coins to South America, which is the origin of many of those objects.

Odyssey Marine will not be going away any time soon however. Odyssey has it seems carefully timed an announcement that it reached an agreement with the UK Ministry of Defence and the Department for Culture, Media and Sport that will provide for, as Odyssey’s press release puts it “financing, archaeological survey and excavation, conservation and exhibit of HMS Victory (1744) and artifacts from the shipwreck site”.

HMS Victory in Portsmouth Harbour, 1828

So that site may provide objects, and Odyssey will receive “80% of the fair value” of most of the objects it may recover for the site. I’m not a marine archaeologist of course, and don’t know how well this agreement will preserve the archaeology of the site. On the one hand the wreck has been underwater for nearly two centuries, and the policy international legal instruments have taken is that that is the best place for them until they can be recovered. But on the other hand I’ve spoken to Odyssey employees that sites like this in the Atlantic are at risk due to commercial fishing, and other activities which disturb the site. And they have the pictures of scallop trawlers dragging through underwater sites. Yet is the answer to that destruction that we get these objects up quickly? Or should we mark these sites as marine preserves where commercial fishing cannot take place?

In the short term Odyssey has another wreck to attract investors, and buoy its stock price. This ‘stock treasure’, as one analyst argues, is the real treasure Odyssey is pursuing:

If the net recovery of Odyssey Marine is consistently negative, what exactly is its treasure? Like Mel Fisher, these folks want to chase the dream of finding the big score, with the romance of searching the unknown, and the possibility of becoming really famous (at least among wreck divers) and of getting on TV a few times to smile for Mom. Unlike Mel Fisher, these guys ahve figured out how not to get ruined doing it: Every time they run out of money, they ask you to refill their coffers. And that’s the real treasure of Odyssey Marine — they are chasing a romantic dream and being paid a nice salary to do so at the expense of investors who are unfamiliar with the outlandishly poor outlook for salvage operations.

Or as the New York Times breathlessly proclaims, this deal may be the ‘world’s richest shipwreck trove’. Perhaps, but not in the ways we might expect.

Background on Odyssey Marine here.

  1. Al Goodman, U.S. court backs Spain over $500M sea treasure, CNN, February 2, 2012, http://www.cnn.com/2012/02/01/world/europe/spain-u-s–treasure-dispute/index.html (last visited Feb 3, 2012).
  2. Brooke Bowman, Shipwreck hunters stumble across mysterious find – CNN.com, CNN, January 30, 2012, http://www.cnn.com/2012/01/28/world/europe/swedish-shipwreck-hunters/index.html (last visited Feb 3, 2012).
  3. William J. Broad, Deal to Salvage Britain’s Victory May Yield Richest Trove, The New York Times, February 1, 2012, http://www.nytimes.com/2012/02/02/science/wreck-of-british-ship-victory-may-yield-richest-trove.html (last visited Feb 3, 2012).

 

Questions or Comments? Email me at derek.fincham@gmail.com

An Update on the Institute of Art and Law

The Institute of Art and Law sent along an announcement about an upcoming Study Forum and three new books:

We are holding a Study Forum on Saturday 3rd March in London.  It will start at 10.30 am and finish around 4.30 pm, and speakers will include Kevin Chamberlain, Richard Harwood, Charles Hill, Alexander Herman and Freda Matassa.  Further details can be found atwww.ial.uk.com/study030312 and reservations can be made either by email to Ruth Bowen (ruth.bowen@ial.uk.com) or online atwww.ial.uk.com/studyforumreserve.php.  The cost of the session is £144 (£120 plus VAT) with a 50% reduction for IAL members and past IAL students, and it will carry four hours’ Law Society CPD points.

In 2011 we published three new books – these can all be ordered online using the links below, or to be invoiced please email us

Taking it Personally: the Individual Liability of Museum Personnel, a collection of essays edited by Ruth Redmond-Cooper and Norman Palmer

Neglected Witnesses: The Fate of Jewish Ceremonial Objects During the Second World War and After
edited by Julie-Marthe Cohen with Felicitas Heimann-Jelinek

Cultural Heritage Conventions and Other Instruments: A Compendium with Commentaries by Patrick O’Keefe and Lyndel Prott.

Questions or Comments? Email me at derek.fincham@gmail.com