Tag: Art Theft

Meaningful Discourse

There is a core of agreement even among the most diametrically opposed heritage advocates.

For example on Wednesday of this week the BBC program Today featured a brief piece with James Cuno and Colin Renfrew debating some of the foundational issues of heritage policy. What I find striking, is how to the casual observer much of what Cuno and Renfrew are discussing would appear to not be too far apart. They’ll both agree I think that the looting of sites is a problem, and museums should not acquire stolen or looted antiquities and works of art. They will disagree vigorously on what exactly constitutes ‘stolen’ or ‘looted’.

I’d argue that the disagreement, and much of the petty argument which takes place on the nets and at conferences actually makes the task of all sides more difficult, and is counterproductive. I’d like to see some real meaningful discourse, and a lot less sniping and unproductive exaggerations on both sides. Sadly all too often the disagreements make the american electoral process look sane and measured in comparison, not an easy task. The end result is a situation where the public often does not know how or why these issues matter.

Take for example the recent Interpol Symposium on the Theft of and Illicit Traffic in Works of Art,Cultural Property and Antiques in which a “lack of awareness among the general public of the importance of cultural heritage and the need for it to be protected,” and recommend that “INTERPOL, UNESCO and ICOM: Jointly seek ways of raising awareness among law-enforcement services, those responsible for safeguarding religious heritage, the major players in the art market and the conservation world, and the general public, with regard to protecting cultural property and combating illegal trafficking.” (via).

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

3 Trucks Worth of Antiquities

The AP is reporting this afternoon that Switzerland is returning 4,400 objects to Italy, three trucks worth:

GENEVA (AP) — Switzerland is returning 4,400 ancient artifacts stolen from archaeological sites in Italy, including ceramics, figurines and bronze daggers dating as far back as 2,000 B.C., prosecutors said Thursday.

The transfer will require three tractor-trailers and all but end a seven-year legal battle over the antiquities.

They were seized in 2001 in storage rooms belonging to two Basel-based art dealers after a tip-off from Italy, said Markus Melzl, a spokesman for city prosecutors. The couple have since lost several court battles to prevent the antiquities from being returned to Italy, Melzl said.

More than half the objects were from the eastern Italian region of Apulia, an area that was heavily influenced by ancient Greek culture, said Guido Lassau, a Swiss archaeologist who worked on the case.

They include richly decorated vases and so-called kraters, large vessels that were used for mixing wine with water. The objects were stolen from upper-class tombs dating from the fifth to third centuries B.C., according to Lassau.

That’s a lot of lost context.

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

"Antiquities Wars" at NYU Nov. 19th

The New York Institute for the Humanities at NYU is presenting the following:

Antiquities Wars

A conversation about loot and legitimacy

Wednesday, November 19th, 7 pm

NYU’s Hemmerdinger Hall
Silver Center for Arts and Science
100 Washington Square East

James Cuno
Director, The Art Institute of Chicago
Author, Who Owns Antiquity?

Sharon Waxman
Formerly of The New York Times
Author, Loot: The Battle over the Stolen Treasures of the Ancient World

Kwame Anthony Appiah
Philosopher, Princeton University
Author, Cosmopolitanism: Ethics in a World of Strangers

Daniel Shapiro
International Cultural Property Society
President Emeritus

Free to the public. For more information: 212.998.2101 or nyih.info@nyu.edu

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

Call for Return of Chinese "Cultural Relics"

Both China Daily and CCTV have reported on China’s efforts to seek the return of two bronze animal heads, which were stolen from Beijing’s Old Summer Palace in 1860 by an Anglo-French coalition during the Second Opium War. They were created in the 18th century. I learned with great interest that it was Lord Elgin who ordered the burning of the Summer Palace — perhaps to discourage Chinese forces from kidnapping and as recompense for mistreating prisoners. Students of history will know his father was Thomas Bruce, the 7th Lord of Elgin who removed the Parthenon frescoes from Greece.
Charles George Gordon, a 27-year-old captain in the Royal Engineers wrote:

We went out, and, after pillaging it, burned the whole place, destroying in a vandal-like manner most valuable property which [could] not be replaced for four millions. We got upward of £48 apiece prize money…I have done well. The [local] people are very civil, but I think the grandees hate us, as they must after what we did the Palace. You can scarcely imagine the beauty and magnificence of the places we burnt. It made one’s heart sore to burn them; in fact, these places were so large, and we were so pressed for time, that we could not plunder them carefully. Quantities of gold ornaments were burnt, considered as brass. It was wretchedly demoralising work for an army.

These heads, one of a rabbit and one of a mouse were two of 12 sculptures which were taken. Five others are still missing. Christies has announced these objects will be on sale next February in the Yves Saint Laurent and Pierre Berge Collection auction in Paris. At least some of the proceeds from the sale will be used for AIDS prevention. The two items are expected to fetch at least 8 million Euros. Any legaly claim for these sculptures will have long-since expired, despite the less-than-noble way in which they were looted.

The China’s Lost Cultural Relics Recovery Fund, a privately funded organization has indicated it may try to purchase these objects and return them to China. In 2003 and 2004 the organization attempted to buy back these objects, but the asking price was $10 million. As the spokesperson told Daily China, “At that time, we bought back the pig’s head for less than $1 million. We think the offered prices are unreasonable and unacceptable.” China, an emerging economic power is in a unique position among nations of origin, as it can often use its considerable economic clout to buy back objects which were removed from the country during the imperial age.

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

International Red Tape, $500 Translation

International red tape often hampers the investigation of the illicit trade in antiquities, this example involves Leonardo Patterson (discussed earlier here) and the difficulty in acquiring a decent Spanish-German translation. From AFP a couple days ago:

SAN JOSE (AFP) — The price of a translation is keeping the Costa Rican government from retrieving a collection of pre-Columbian objects it claims were stolen by a private collector now living in Germany.

In August 2007, Costa Rica first learned about Leonardo Patterson’s collection stored in Spain since 1997. Its more than 1,700 pre-Columbian pieces originate from Costa Rica, Mexico, Guatemala, Nicaragua, Panama, Ecuador, Bolivia and Peru.

Costa Rica is seeking the recovery of 457 of those objects it says are part of its national heritage.

Patterson’s collection is of incalculable value, said Marlin Calvo, head of the Cultural Heritage Protection department at Costa Rica’s National Museum.

The objects are “very beautiful, very diverse, and in very good condition,” said Calvo.

Patterson, a former Costa Rican diplomat and renowned art collector, was questioned and part of his collection seized by Munich police in April this year, after he took it out of storage in Spain and had it shipped to Germany.

Investigators valued the objects at more than 100 million dollars.

Costa Rica, along with Mexico and Peru, say some of the pieces were stolen and are attempting to recover them, even as Patterson maintains he obtained them in Europe, legally.

Since May, Costa Rican authorities have tried, without success, to reclaim the pieces. Their main problem: the price of a translation.

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

New Heritage Legislation in the UK?

Jaspar Copping has a very interesting, though perhaps misleading, article in the Telegraph on Saturday detailing potential new heritage legislation in the UK. He writes initially that UK museums are prevented by law from giving works of art back to the families that once owned them. That is true, but that does not mean these families are denied compensation (which he points out further down in the piece). The Spoliation Advisory Panel has the power to award compensation to the claimant.

It seems there is a campaign by a Labour MP, Andrew Dinsmore:

“The owner of an artwork identified as stolen by the Nazis ought to have the right to decide whether they wish for the artwork to be returned,” he said.

“Some people may be happy for work to stay in public collections, but they should have the option. At the moment, they are not given that choice.

“No one knows how many artworks this will relate to but we shouldn’t think that just because the war was 60 years ago that this has all finished.”

Under the current legislation, all national museums and galleries are prevented from disposing of any of their works. They can only offer compensation to the owners, although private museums are able to return artworks and artefacts.

I’m not sure if this is an essential change. I think the UK policy which avoids costly litigation is a useful model. In the US, where nazi-era restitutions suits are the most common, claimants often get title to the disputed works. However in nearly all cases they sell the works anyway to satisfy the enormous legal fees often required to bring these successful claims.

Then in a response, the Department of Culture Media and Sport said, “The Government are committed to introducing legislation as soon as possible to allow all national museums, that are currently prevented from doing so by the acts of parliament under which they are founded, to return works of art spoliated during the Nazi era.” It seems this legislation will be a component of the prospective Heritage Protection Bill.

One thing to watch closely will be how the legislation may permit institutions to return the work to claimants, a potential move which may signal a shift in the obstacles the British Museum may have in electing to return antiquities to their nation of origin. The debate over that question will likely feature in the consideration, as the Parthenon Marbles always seem to be overshadowing UK heritage policy.

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

Brent Benjamin Appointed to CPAC


The White House announced back in September that President Bush will nominate Brent R. Benjamin to serve on the Cultural Property Advisory Committee for three years. David Gill commented on the appointment, as did Wayne Sayles. Earlier in July, Robert O’Brien, a Los Angeles attorney was nominated as well, though his appointment attracted little notice.

Ton Cremers, an administrator on the invaluable Museum Security Network argues this was an “outrageous” appointment. The reason for the concern is this antiquity, the Ka-Nefer-Nefer mask which I discussed at length last year.

It was stolen from a storehouse in Saqqara sometime between its excavation in an archaeological dig in 1952, and its acquisition by the St. Louis Art Museum in 1998. It may be worth examining this acquisition in more detail. The best summary of the dispute I have found is this 2006 article in the Riverfront Times.

As always, the antiquities trade presents a number of questions. Was Benjamin at the museum in 1998 when it acquired this object? No, he came a year after the mask was acquired. Do his actions with respect to this mask disqualify him automatically from serving on the committee? I’m not sure they do. Does this ongoing dispute between Egypt and the St. Louis Art Museum automatically disqualify Benjamin from serving on the committee? Not according to President Bush, but did the Museum really have clean hands when they acquired the mask? The answer I think is not really.

They purchased it from Hichaam Aboutaam, who has been linked with looted antiquities. The work had been displayed at a Museum in Geneva when the SLAM was considering purchasing the work. However, the museum sent Mohammed Saleh, a retired director of the Cairo Museum a letter asking:

“[We have] been offered a mummy mask of the 19th dynasty and I was wondering if you know of any parallels to this object. I have never seen anything quite like it with a reddish copper-like face probably owing to the oxidation of the gold surface. It is currently on exhibition in the Egyptian exhibition at the Museum of Art and History in Geneva. I would greatly appreciate your thoughts on any parallels you might know of this piece and hope that I might have the opportunity to speak with you in several weeks by telephone about this opportunity.”

Saleh of course was not perhaps the best person in Egypt to contact about the mask. Shouldn’t someone on the Supreme Council on Antiquities have been better positioned to handle this request? Unfortunately this is the shady kind of enquiry which can pass for thorough provenance research in the antiquities trade. I think its likely perhaps that the SLAM was not too eager to look to deeply into the history of this object, for fear they would be unable to acquire it. The museum was told by the seller that the mask was seen at an antiquities dealer in 1952, and it remained in the ubiquitous “Swiss Collection” for the next 40 years. An expert hired by the museum, Peter Lacovara, reasoned that the mask was probably awarded to the excavator after the 1952 excavation. This would account for its appearance at a market in Brussels soon after, though refuting that fact is nearly impossible at this point.

Egypt has a tenable claim perhaps, but this is a close case. I’m not aware of the specific steps Egypt has taken in response. They have seemingly argued that the mask was stolen at some point from an antiquities storehouse. Now, its their cultural heritage and they’re free to do with it what they please, but Egypt can be criticized on two accounts. First, is it really the best idea to have a unique piece like this mask just sitting in a warehouse for fifty years? Second, had Egypt documented its collection and its holdings more completely, they would have had a much stronger legal and ethical claim.

In any event, nobody looks really good in this dispute. Not the museum, the Phoenix gallery, nor Egypt. But I’m not sure Benjamin, by merely refusing to return the mask outright to Egypt has disqualified himself from serving on the CPAC, which it should be mentioned is comprised of individuals from all the disparate heritage interest groups, including archaeologists. Also, the CPAC has never refused a request made by a nation of origin.

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

Antiquities Seized in Macedonia

The AP is reporting on a seizure of “dozens” of antiquities yesterday in Macedonia:

SKOPJE, Macedonia (AP) — Authorities have seized dozens of stolen ancient artifacts after raiding the homes of two suspected antiquities smugglers in southern Macedonia.

Police confiscated about 70 archaeological items, including coins, terracotta figurines, pieces of silver and bronze jewelry and amphora dating from the Hellenistic and Roman periods in the 4th and 3rd centuries B.C., police spokesman Ivo Kotevski said Wednesday.

They are believed to have been stolen from Isar, one of Macedonia’s largest archaeological sites in the south…

Macedonia has some 6,000 registered archaeological sites. Experts warn that since the country gained independence from Yugoslavia 17 years ago, the antiquities have become increasingly vulnerable to looters who use sophisticated navigation and excavating equipment.

I think the interesting aspect may be the difficulty the new Macedonian republic has had policing its archaeological sites. These former Yugoslav republics have had to dramatically ramp up their heritage protection after their independence. One wonders perhaps if they might begin to make calls for repatriation of objects?

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

AP: Antiquities Trade "Growing problem at US Ports"

Tamara Lush has an overview of antiquities coming through US ports:

_ On Monday, federal authorities will repatriate some 1,000 items, including a rare temple marker worth $100,000, to Iraq. On June 7, 2001, ICE agents in New York received information from the Art Loss Register that a Sumerian Foundation Cone, buried under a Babylonian temple, was being sold by auction at Christie’s New York. ICE New York agents seized the artifact from Christie’s and discovered that it, and several other items in the U.S., had been stolen from the Baghdad Museum and other locations at the end of the first Gulf War.

_ In May, four tons of fossils from Argentina — including 200-million-year-old dinosaur eggs, egg shell fragments, petrified pine cones and fossilized prehistoric crabs — were seized by federal agents in Tucson, Ariz. Authorities said a corporation based in Argentina had brought the fossils into the country. No arrests have been made, but the fossils were repatriated.

_ In February, an Army pilot was arrested and charged with stealing 370 pre-dynastic artifacts from the Ma’adi Museum near Cairo, Egypt, and selling them to an art dealer in Texas for $20,000. The artifacts, dating to 3000 B.C. and earlier, were originally discovered during excavations in Egypt in the 1920s and 1930s. The pilot, Edward George Johnson, pleaded guilty in June and is awaiting sentencing.

Lush does not follow her argument to its logical extension though. She notes the new AAM and AAMD guidelines, as well as the difficulty ICE agents and others have in establishing criminal wrongdoing. She fails to note looted antiquities can still slip through this patchwork regulatory framework because of the paucity of accurate provenance information given in antiquities transactions.

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