Category: Repatriation

Antiquities Dealer Returns Italian Antiquities


Antiquities dealer Jerome Eisenberg has apparently agreed to return eight antiquities to Italy. Ariel David has an overview for the AP, complete with photos of all the objects.

According to Ariel, “Eisenberg, who runs galleries in New York and London, said he bought most of the antiquities at auctions in the British capital in the 1980s, and decided to return them after Italian authorities recently turned up evidence that they were looted.” According to Giovanni Nistri, who leads the art squad of the Carabinieri “This is a dealer who since 1999 has returned of his own initiative other artifacts that came into his possession”.

What is the significance of the return? It appears to be one of the only examples of a dealer voluntarily relinquishing allegedly illicitly-excavated antiquities. It seems the Italians had some kind of iron-clad proof that these objects had been wrongfully removed in some way.

David Gill at Looting Matters argues this agreement to return objects is significant because “It is now clear that the Code of Ethics and the due diligence processes conducted by members of the IADAA are not rigorous enough.” I think he’s exactly right about the lack of effectiveness of Codes of Ethics, but this agreement has little to do with them. These objects were acquired at auctions, sometime in the 1980’s. The acquisition of these objects in the 1980’s doesn’t strike me as an accurate indicator of the current state of the antiquities trade, though it’s badly flawed to be sure.

The more relevant point I think is how effectively the Italian Culture Ministry uses the press in painting a picture of a vast Italian repatriation campaign. An agreement seems to have been concluded months ago. Why is the story appearing now? It seems to be a calculated move. Seldom does a week go by that there is not news of an arrest, agreement for repatriation or the like. Italy and cultural property is in just about every news cycle. Believe it or not, public pressure like this is the single best tool a source nation has to secure the return of objects. This fact speaks volumes about the fatally flawed body of law which attempts to regulate the illicit antiquities trade. Italy is not using the law to seek these objects because it cannot; instead it is exerting tremendous public pressure on museums and individuals.

(AP Photo/Alessandra Tarantino)

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

Good Faith Acquisition of Antiquities?


Lee Rosenbaum at CultureGrrl has more on the Italy/Princeton agreement. At the right is a “Apulian red figure loutrophos from South Italy, ca. 335-325 B.C.” This object will remain at Princeton but Italy will gain title.

Importantly, Rosenbaum tells us Princeton’s spokesperson, Cass Cliatt maintains the University had acquired the objects in good faith. Also, further details will not be forthcoming because of a “confidentiality agreement” between the two parties. Also, Princeton is “anticipating posting our acquisition policies, but they are still in the revision stage and will be made available at the appropriate time.” Rosenbaum rightly expresses some skepticism at this reticence.

It seems to me that Princeton will not be the last museum to deal with Italian claims, as Rutelli has indicated it will pursue similar arrangements with the Cleveland Museum of Art, the New Carlsberg Glyptotek in Copenhagen, and the Miho Museum in Japan. These restitutions are a welcome sign, but they will mean very little in the long run if these institutions do not erect appropriate safeguards. At present we are relying on institutions to police themselves. I’m beginning to reach the admittedly pessimistic conclusion that a good-faith acquisition of antiquities may not be possible given the way the market currently operates.

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

Catching Up

Apologies for the light posting the last couple of weeks. I’ve returned from the US and the AALS hiring conference. It seemed to go well, and I was pleased with the response I got from the handful of interviews I had. I am cautiously optimistic about my chances of further interest from the schools I spoke with, but I’m also glad to be back here so I can concentrate on finishing up my thesis.

Enough about me, there was a lot of exciting news while I was away, including:

  • This Morning’s news that a private investigator has been charged in the theft and recovery of da Vinci’s Madonna of the Yarnwinder. That brings the total to five now.
  • Iran’s Cultural Heritage News Agency reports on last Thursday’s auction of the Achaeminid limestone relief from the city of Persepolis, in present-day Iran. It’s a slanted view of the dispute, which ignores Iran’s difficult legal footing. But the unpleasant outcome is the acquisition by an anonymous buyer for $1.2 million USD.
  • Three paintings worth an estimated $100,000 were stolen from a San Antonio gallery on Sunday.
  • Germany has finally returned 100 objects to Greece, many of which date back 8,000 years. The objects were stolen in 1985, and recovered in a raid last year. They were seemingly forgotten until a German court ruled in August that they should be returned.
  • A number of news outlets have coverage of the antiquities playing cards now issued to US soldiers in the middle east, urging them to take care of the archaeological heritage there.
  • And most importantly, Princeton has reached a repatriation agreement with Italy. The deal is similar to those reached with the Getty, the Met, and the MFA Boston.
Questions or Comments? Email me at derek.fincham@gmail.com

Yale and Peru Reach a "New Model" Agreement (UPDATE)


Randy Kennedy reports in today’s NY Times that Yale University has agreed to return artifacts excavated by Hiram Bingham from Machu Picchu in 1912 and 1914. The parties called it a “new model of international cooperation providing for the collaborative stewardship of cultural and natural treasures.” I think that’s exactly right, and appears to be an exciting and beneficial compromise for all sides. See my earlier post on this dispute here.

Negotiations have been ongoing, but pressures in Peru and Peru’s extremely rigid cultural patrimony laws made it difficult to work out a compromise. Talks broke down in 2006, and it was rumored Peru was considering legal action, though I didn’t see any kind of tenable claim. It would have made headlines though.

What is the nature of the agreement? It looks to be a kind of lease which creates “an extensive collaborative relationship between Yale and Peru”. Peru will receive title to all the objects, but many will remain in Connecticut. There will be an international traveling exhibition, and proceeds will help build a much-needed new museum and research center in Cuzco. Yale will also provide funds to establish a scholarly exchange program. As Yale president Richard C. Levin said, “We aim to create a new model for resolving competing interests in cultural property,… This can best be achieved by building a collaborative relationship — one which involves scholars and researchers from Yale and Peru — that serves science and human understanding.” Compromise is often an easy policy solution to advocate, but with respect to cultural policy it’s often the best solution.

UPDATE:

NPR’s Morning Edition has a good story this morning where you can hear the comments of some of the parties.

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

Another Repatriation to Italy

Elisabetta Povoledo reports in today’s New York Times that the University of Virginia Art Museum will likely be returning these two acroliths to Sicily in 2008. An acrolith is a statue in which the body and torso are made of wood while the extremities are carved in marble.

The reports are coming from Italian news outlets, but neither the University of Virginia nor the Italian Culture Ministry are commenting. Of course the University of Virginia has been conducting work at Morgantina for decades, and Malcolm Bell III has written on the antiquities problem in Italy.

Povoledo’s speculation of the chain of title of these acroliths is quite interesting:

Silvio Raffiotta, the Italian prosecutor who for more than a decade investigated the two acroliths, has said they were illegally excavated by tomb robbers in Morgantina in the late 1970s. They are believed to represent the goddesses Demeter and Persephone, whose cult was deeply rooted in Morgantina, which fell to the Romans in 211 B.C.

In all, two heads, three feet and three hands were found; the body, most likely made of wood, might not have survived the centuries underground.

In a 1988 deposition, Giuseppe Mascara, a former tomb robber and antiquities dealer, told Mr. Raffiotta that in the spring of 1979 a young man had offered to sell him the two marble heads, which he said had been excavated in Morgantina.

“They were in the trunk of a car,” Mr. Mascara said in the deposition, and of “exceptional make.” But he did not buy them “because I didn’t know the man offering them to me and because of the asking price, which was enormous.”

Vincenzo Cammarata, another antiquities dealer who has been investigated for handling looted objects, also testified that he had been shown the acroliths, in the summer of 1979.

Mr. Raffiotta’s investigations began some years later and tracked the acroliths to the London showroom of the antiquities dealer Robin Symes, who is being investigated in Italy for dealing in looted art. Before arriving in London, the objects moved through Switzerland, a typical route used to disguise provenance.

In 1980 Mr. Symes sold the pair to Mr. Tempelsman, reportedly for $1 million. No evidence suggests that Mr. Tempelsman was aware that the statues might have been illegally excavated.

Mr. Raffiotta first made a claim to the statues in 1988, while they were on exhibit at the J. Paul Getty Museum in Los Angeles. The museum immediately returned them to their anonymous lender.

In news reports Mr. Tempelsman later emerged as their owner. In 1994, upon the death of his companion Jacqueline Kennedy Onassis, schoolchildren in Aidone sent Mr. Tempelsman a condolence note that also asked him to return the acroliths to their hometown.

Italian officials began quietly negotiating with Mr. Tempelsman, and Forbes magazine has reported that a deal was reached in which Mr. Tempelsman would give the acroliths to an institution, which would then return them to Italy after a specific period.

Mario Bondioli Osio, who was involved in those negotiations, said this week that he could not comment on the details until next year. “But I am convinced they will return home,” he said.

It would be helpful to know how this repatriation came about. The Forbes article does not appear to be published online yet. These acroliths have been displayed at UVA’s Art Museum for five years. Was there some kind of arrangement where Tempelsman could donate the works to UVA, receive the substantial income tax deduction, and then the work would be returned to Italy? If so American taxpayers are subsidizing this repatriation of illicit antiquities, and that strikes me as very troubling.

Another related question: Tempelsman is a diamond dealer, who has been a vocal supporter of the Kimberley process; perhaps there needs to be a kind of Kimberley process for antiquities acquisitions?

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

Reaction to the Italy/Getty Accord


In a joint press release yesterday the two sides announced the Getty will return 40 objects to Italy. The Cult Statue of a Goddess or Morgantina Aphrodite (pictured here) as its sometimes called will stay at the Getty Villa until 2010. In exchange there will be “broad cultural collaboration that will include loans of significant art works, joint exhibitions, research, and conservation projects.” Of course the sticking point in negotiations had been the Bronze Statue of a Victorious Youth, and Italy agreed to postpone negotiations on that object until the outcome of a new criminal investigation. What could a new investigation could hope to uncover 40 years after the statue’s discovery? Not too much I would gather, especially considering a criminal prosecution was unsuccessful as Italy could not establish the statue was discovered in Italian territorial waters.

There are a number of good reactions to the agreement. Two in particular stand out. The art critic for the LA Times, Christopher Knight rightly points out why both sides need to work together. For one, the Getty Villa provides an excellent backdrop for displaying objects from ancient Mediterranean cultures. As he argues:

The Villa is, in fact, the only art museum in the United States devoted solely to the Greek, Etruscan, Roman and other cultures of the ancient Mediterranean. Loans of major objects to the Met and Boston will certainly add sheen to their great historical collections. But antiquities are just one small part of those museums’ attractions.

There is something to be said for the total immersion that a focused museum provides. Italy, where state collections of significant antiquities are anything but scarce, has the wherewithal to provide magnificent loans that will be extraordinarily meaningful in the Villa’s context. Art has richer import and significance in the context of other art.

But also, the Getty has a lot to offer Italy in return:

[T]he museum can make the best use of those loans, given the Getty’s vast resources. Set aside the legal and ethical issues around the disputed Aphrodite for a moment. The work that has been done on the sculpture, in everything from conservation to historical and scientific research, is extraordinary. Dedicating those same resources to potential loans from Italy as well as to the exceptional objects in the Getty’s own collection holds enormous promise.

The recent study of the Morgantina Aphrodite is an excellent example of the kinds of study which could take place. Finally, Knight argues long term loans are a good pragmatic response to the problem of antiquities looting. There is of course a great demand for antiquities, and the legitimate market is unable to meet this demand. As he says “Smart collection sharing can help relieve the pressure.” I think that’s exactly right.

David Gill echoes this sentiment as well. He has a new blog called looting matters. He and his collaborator, Christopher Chippindale, have done some excellent work using concrete data to establish certain classes of antiquities are most likely illicitly excavated. They have done excellent work on cycladic figurines in particular. This along with the work of Ricardo Elia on apulian vases has helped to establish a solid and definite problem with provenance. Gill notes that several items on the list of 40 objects to be returned are from the collection of Barbara and Lawrence Fleischman. He argues many objects in that collection were illicit.

In any event the accord is a welcome development. Source nations and museums should be working together. A combative relationship weakens both sides and distracts from the salient issue: antiquities are an extremely valuable commodity and their trade and disposition must be responsibly regulated.

Correction:

I misspelled Christopher Chippindale’s name and incorrectly attributed Ricardo Elia’s work. I have corrected the second-to-last paragraph accordingly. Many thanks to David Gill for pointing out my errors.

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

Italy and the Getty Reach a Deal

The Associated Press is reporting an agreement has been reached between Italy and the Getty. The baseball trading deadline yesterday must have inspired both sides. As expected the deal will include loans from Italy. The Morgantina Aphrodite will stay at the Getty until 2010. The two sides agreed to postpone negotiations over the Bronze Statue of a Victorious Youth. What remains unclear is how this deal will affect the prosecution of former curator Marion True. One would hope the Italians were not prosecuting her merely to leverage the Getty into returning objects.

Here’s the wire story:

ROME (AP) – The Italian Culture Ministry said Wednesday it has reached a deal with the J. Paul Getty Museum for the return of 40 artifacts _ the latest victory in Italy’s efforts to recover antiquities it says were looted from the country and sold to museums worldwide.

Italy and the Getty also agreed on widespread cultural cooperation, which will include loans of other treasures to the Los Angeles museum, the ministry said in a statement.

“Both parties declare themselves satisfied with the fact that, after long and complicated negotiations, an agreement has been reached and now they move ahead with a relationship of renewed cooperation,” the statement said. The Getty has denied knowingly buying illegally obtained objects. Most of the artifacts will be returned within the next few months, according to a calendar drawn up by experts from both sides.

The agreement includes one of the most prized works in dispute, a 5th century B.C. statue of the goddess Aphrodite, which will remain on display at the Getty until 2010, the ministry said. Italian authorities believe the 2.2-meter (7-foot) statue, bought by the Getty for US$18 million in 1988, was looted from an ancient Greek settlement in Sicily.

The ministry had threatened to suspend all collaboration with the Getty if a deal was not reached by the end of July. Despite the agreement announced Wednesday, the fate of some treasures that had been in contention was left hanging.

The statement said the two sides agreed to postpone further discussion on at least one key piece that had held up negotiations for months: the «Statue of a Victorious Athlete,» a Greek bronze believed to date from around 300 B.C.

The museum believes the bronze was found in international waters in 1964 off Italy’s eastern coast and that Rome has no claim on it. The Italians say the statue was pulled up by fishermen near Fano and that even if the find occurred in international waters the statue was still brought into the country and then exported illegally.

Italian authorities have launched a worldwide campaign to recover looted treasures and had been at odds with the Getty over dozens of antiquities they say were illegally dug up and smuggled out of the country despite laws making all antiquities found in Italy state property.

Authorities have signed separate deals with New York’s Metropolitan Museum of Art and Boston’s Museum of Fine Arts for the return of a total of 34 artifacts _ including Hellenistic silverware, Etruscan vases and Roman statues _ in exchange for loans of other treasures.

Italy has also placed former Getty curator Marion True and art dealer Robert Hecht on trial in Rome, charging them with knowingly receiving dozens of archaeological treasures that had been stolen from private collections or dug up illicitly.

The two Americans deny wrongdoing. It was not immediately clear if the political agreement would affect the trial.


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

The "Ghost Marbles"


The New Acropolis Museum is nearing completion (it may open in 2008), and it is attempting to make a powerful statement about where the parthenon/elgin marbles belong. The museum was due to be finished in time for the summer olympics in 2004, but a number of delays have pushed back completion. It seems some of the sculptures will be displayed, while the missing pieces will have plaster copies displayed behind a gray screen. Sharon Waxman visited the new museum this week and included some pictures, including this one. Here’s an excerpt:

[Dimitris] Pandermalis, [President of the new museum] intends to exhibit the frieze of the Parthenon, with the actual sculptures at the height shown here, and with plaster casts of the many friezes still at the British Museum behind a grey scrim. You can’t help thinking of that as another deliberate gesture, and as the scrim as a kind of shroud. Pandermalis, however, is anything but emotional. “It’s the pride of the nation,” he says quietly. “But I prefer to be silent on the issue.”

Interesting stuff, and I have no doubt the image of the parthenon in the distance, along with the shrouded missing pieces will act as a powerful symbol. Lee Rosenbaum also talks about a recent presentation Pandermalis gave in New York:

But during a recent slide presentation in New York—showing the current appearance of the new museum, as well as renderings of what it will look like when it opens (possibly in late 2008)—Dimitris Pandermalis…revealed a new approach to the problem of the missing marbles. Instead of an empty space, the slide showed an image of one of the Greek-owned marbles chockablock with a copy of the British-owned slab that would have originally been beside it on the façade of the Parthenon. Together, they completed the relief of a horse. So that there would be no confusion between the original and the copy, the latter was veiled by a scrim, making it appear like a “ghost,” as Pandermalis put it.

Whether this shifts the position of the British Museum will be interesting to see. I wonder if all of the missing pieces will be “Ghosted” or if its just the pieces held by the British Museum. After all, bits and pieces of the Acropolis are scattered all over Europe. Also, what is the rationale for only shading the marbles in the hands of others, what about the destruction when the Acropolis basically exploded when the Venetians landed a direct hit on the powder magazine in the 17th Century?

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

Should the Getty send the Bronze to Italy?


We are approaching the deadline imposed by Italian Culture Minister Francesco Rutelli to send the “Bronze Statue of a Victorious Youth” to Italy. Rutelli has said the Getty has until the end of July to return 47 antiquities to Italy or risk a “real embargo”. The Getty has announced it will return 26 of those objects, not including the bronze, but the two sides seem unable to broker a deal. In early July Rutelli announced from Fano, the Italian fishing community where the fishermen first brought the bronze ashore, that he had submitted a “final proposal for dialogue and agreement [and if no deal is done,] a real conflict will begin, a real embargo–that is, the interruption of cultural and scientific collaboration between Italy and that museum.”

I’d like to summarize the reasons the Getty has refused to send the bronze to Italy, and why Italy wants the bronze to be included with the other repatriated objects. I’m curious how folks feel about this dispute. I’ve added an unscientific poll at the left where you can cast your vote.

Before I summarize the two arguments, I should make clear that Italy has no legal claim to the statue. They cannot file a suit and ask for the return of the object both because they cannot prove the statue was removed from Italian waters, and the statute of limitations has probably expired anyway. Rather Italy is making an ethical argument for the statue.

How the Statue Was Found:

“The Bronze Statue of a Victorious Youth” is an almost life-size figure of an athlete wearing a victory wreath. The Statue was created in Greece, possibly by Alexander the Great’s Court Sculptor Lysippos, but it may have been sculpted by another. It was created sometime between the 4th and 2nd Century B.C.

In June, 1964 the Statue was recovered in modern times, by complete accident, off the northern Adriatic coast by fisherman from the Italian city of Fano. They pulled up a heavy object covered in barnacles. The most likely explanation for the find in the Adriatic is that it was taken from Greece in Roman times, and the vessel was lost at sea. A number of Greek objects were taken by invading Roman armies, the most noteworthy instance was during the fall of Syracuse. When the fisherman returned to Fano, they decided to sell the statue. The statue changed hands a number of times.

We know that Giacomo Barbetti purchased the statue from the fisherman. For a time, Barbetti and his two brothers stored the statue at the home of Father Giovanni Nagni. Barbetti then sold the statue to another man for 4,000,000 lire, not a great sum of money. It would have amounted to about $4,000. In 1966, the 3 Barbettis and Father Nagni were charged with purchasing and concealing stolen property under Italy’s 1939 Antiquities Law. The prosecution reached the Court of Appeals of Rome, however it overturned the convictions for 2 reasons (1) The prosecutors did not establish the statue came from Italian waters, and (2) there was insufficient evidence demonstrating that the statue was of “artistic and archaeological interest”. After the Barbetti’s sold the statue, the Provenance (chain of title) of the statue is a bit vague, and open to some speculation. Most likely it went through a series of owners, in an attempt to achieve a bona fide purchase at some point. It went from a Brazilian Monastery to England, and later to Munich.

In 1977, the Getty Trust purchased the Bronze for $3.95 million. It has been publicly displayed since 1978. Until 2006, Italy made no more formal requests for the Bronze, though they did ask the Getty to evaluate the possibility of returning the statue to Italy in 1989.

Italy’s Claim

Italy’s claim relies on the creation of some kind of nexus between Italy’s cultural heritage and the Bronze based on the time it was brought ashore by the fishermen at Fano. Italian authorities have at various times labelled the bronze as stolen, despite the fact Italy is unable to establish the statue was found in it’s own national waters, and as a result its national patrimony law will not apply. However, Italy does ban the export of antiquities, and the statue was almost certainly illicitly removed from Italy before traveling to Switzerland and Frankfurt before its sale to the Getty.

The Getty’s Response

The Getty has said that Italy had no claim to the bronze once it left Italy. In fact, Italian law would shield a good-faith purchaser in this case. Italy was unable to establish the statue was found in Italian waters during the criminal prosecutions in the 1960’s. Also, the Getty has argued the statue has been at the Getty far longer then it ever stayed on Italian soil.

We don’t know if the Getty knew about the statue’s illicit export when they bought it, or if they tried to research its provenance before the purchase. I’ve stated who I think has the stronger claim in the past, but I’m interested in what others may think based on the arguments put forward by both sides.

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

More Posturing from Francesco Rutelli


Italy’s Culture Minister Francesco Rutelli just returned from a visit to the United States, and no visit is complete without more criticism of the Getty. Yesterday Rutelli repeated his claims. The LA Times has a good compilation of the Wire reports here. There is little new information save a new deadline. Rutelli says the Getty has until the end of July to return contested objects, else risk a “real embargo” which would preclude loans and collaborations with Italy in research and conservation projects. Rutelli said he had submitted a “final proposal for dialogue and agreement [and if no deal is done,] a real conflict will begin, a real embargo–that is, the interruption of cultural and scientific collaboration between Italy and that museum.”

What exactly the “final proposal” entails is unknown. Ron Hartwig the Getty spokesman did say that Rutelli sent a “very cordial…very encouraging” letter and that Michael Brand had “responded in kind”. As I understand it, the Getty has agreed to return many of the contested objects which Italy wants. However, the Getty is unable to reach an agreement because Rutelli has insisted no deal can be finished without the return of this statue, the “Bronze Statue of a Victorious Youth”. I’ve discussed this particular claim before, which you can read about by clicking the label below. Italy has no legal claim to the bronze statue, and a weak ethical argument for its return as well.

Rutelli is trying to associate the stronger claim the Getty has in the Bronze statue with the other objects with far more dubious provenances. It gets Rutelli’s comments in the papers, and it keeps the repatriation issue open, but seems unlikely to lead to a workable compromise.

UPDATE:

Rutelli made yesterday’s announcement from the fishing port of Fano in Italy, where the statue was brought ashore by the fishermen who found it. I have updated the first paragraph accordingly.

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