Italian Senate renews call for return of the ‘Bronze Statue of a Victorious Youth’

L’Atleta di Fano/Bronze Statue of a Victorious youth, at the Getty Villa

The Italian Senate’s Culture Commission has unanimously approved a resolution to renew the call for the return of the ‘Bronze Statue of a Victorious Youth‘ currently in the possession of the Getty Foundation at its Villa in Malibu. The call has also been taken up by the mayor of Fano, Massimo Seri. Seri has been a dogged champion for the return of the Bronze, noting that Italian forfeiture decisions give Italy a right of recovery, and even trying unsuccessfully to make the Bronze a discussion at the Italian meeting of the G20 later this year.

The resolution by the Italian Senate Committee was according the the Art Neewspaper crafted by Senator Margherita Corrado. The resolution will involve streamlining the efforts to seek the return of contested objects of cultural heritage:

[T]o assign a smaller pool of district magistrates to restitution cases “to allow for greater specialisation”, favour the training of magistrates in cultural heritage law, and encourage universities to teach legal archaeology in relevant courses. Furthermore, the government will collaborate with the Rai public broadcasting service to raise general awareness among citizens about restitution through programming, the resolution states.

It is not clear how that streamlining will link up with the current framework created by the 1970 UNESCO Convention, the companion 1995 UNIDROIT Convention, or the various bilateral agreements currently in place. Specialized training and courses at University are a welcome step, but Italy already has world class legal experts at its Universities, so I look forward to learning more about what this new initiative will actually look like. And I’m most interested in the impact of an Italian Senate Committee resolution, and if it will unlock funding and substantial change. If so, it could be a most welcome development for the obligations Italy and other Nations have under International Cultural Heritage Law.

The Art Newspaper also reported on what may be a more impactful mechanism, which would be to shut the Getty out of future efforts. In 2020 an internal culture ministry communication absolutely foreclosed the facilitation of the stunning Torlonia marbles collection: “After the refusal of the Getty Museum to recognise the sentence of the Court of Cassation [. . .] the Ministry has limited relations with the American museum to projects that have already been initiated.”

The ancient greek Bronze, likely made between 300-100 BCE was most likely hauled up by Italian fishermen in the 1960s, on a vessel based in the fishing town of Fano on the Adriatic Coast. A full account of the likely journey of the Bronze can be found in the terrific investigative book on lots of the acquisitions by the Getty Foundation, Chasing Aphrodite by Jason Felch and Ralph Frammolino. Italy has persistently asked for its return, and the Forfeiture ruling in Italy’s Court of Cassation gives Italy a domestic right to the return of the marbles.

The only hurdle then would be to have a compatible decision which would be enforced by American Courts. As I wrote in a 2013 Piece for Cardozo’s Arts and Entertainment Law Journal, United States Federal Law has such a mechanism, Italy simply needs to request its application.

James Imam, Italy Strengthens Case for Return of “Victorious Youth” Bronze from Getty Museum in Heritage Feud that Has Lasted Decades, The Art Newspaper, https://www.theartnewspaper.com/news/victorious-youth-getty-italian-senate [https://perma.cc/296Y-D5X7?type=image] (last visited Jul. 21, 2021).

Lisippo: sindaco Fano, risoluzione Senato aiuta ritorno Italia – Marche, Agenzia ANSA, https://www.ansa.it/marche/notizie/2021/07/19/lisippo-sindaco-fano-risoluzione-senato-aiuta-ritorno-italia_4f3315c4-d193-433f-80a4-ad2545c33632.html [https://perma.cc/5R87-RPVH] (last visited Jul. 21, 2021).

The ‘Getty Bronze’ forfeiture stalls badly in Italy

Bronze Statue of a Victorious youth, at the Getty Villa
Bronze Statue of a Victorious youth, at the Getty Villa

I’ve written a great deal here about the ongoing dispute between the Getty Museum and officials in Italy over this ancient Greek statue.

In the wake of a pair of regional court rulings in 2010 and 2012 in Pesaro, Italy there seemed a chance that Italy would secure a trans-Atlantic forfeiture of the athlete (which I considered in an article).

But now those Italian court orders have been ruled in violation of the European convention on human rights because the cases were not heard in open court. This should not come as a great surprise, as the Italian court of cassation remanded the case to an Italian constitutional court in 2014, and a favorable result seemed remote. And Italy is now left with an embarrassing and incomplete forfeiture effort, which was only ever going to be the first step of a legal strategy which would be given high marks for degree of difficulty. So this “Fano Athelete” as the Italians describe him will likely not be taking a trip to Italy any time soon.

At present the bronze is a part of the “Power and Pathos” exhibition currently on display at the National Gallery in Washington.

  1. EU law rejects Getty Lysippos restitution verdict, http://theartnewspaper.com/news/eu-law-rejects-getty-lysippos-restitution-verdict/ (last visited Dec 31, 2015).

Updating the forfeiture of the Fano Athlete

Bronze Statue of a Victorious youth, at the Getty Villa
Bronze Statue of a Victorious youth, at the Getty Villa

Mike Boehm of the L.A. Times reports on the current status of the Fano Athlete/Getty Bronze dispute. A division of Italy’s High Court (Corta Suprema di Cassazione) is expected to weigh an appeal of an earlier forfeiture order this week. I’m quoted as the lone dissenting voice arguing the Bronze should be returned to Italy. I think a return is the just thing to do when you consider the violations of Italian patrimony laws which occurred when the Bronze was smuggled ashore, hidden in violation of Italian law, and then allegedly treated very badly before being smuggled to Brazil, then conserved in Europe before the Getty acquisition.

For a full discussion of my understanding of the history of the case and the reasons why I think Italy stands a good chance of having the Bronze returned soon, you can have a look at my forthcoming piece in volume 32 of the Cardozo Arts and Entertainment Law Journal.

Both Stephen Urice and Patty Gerstenblith seem to see the case differently:

“I’m baffled by this,” said Stephen Urice, a professor at the University of Miami School of Law who’s an expert on art law and cultural property law. “Even if you apply our ethical norms today, I don’t see a problem.”

Patty Gerstenblith, a leading advocate of protecting archaeological sites and sending looted art back to nations of origin, said that “Victorious Youth” shouldn’t be considered a looted work and needn’t be returned. Italy never had a legally valid ownership claim, she said, because the statue wasn’t found in Italian waters or on Italian soil, and it wasn’t made or owned by modern Italy’s Roman and Etruscan forebears.

Gerstenblith, a professor at DePaul University in Chicago and director of its Center for Art, Museum and Cultural Heritage Law, said the fishermen who netted the statue did break Italian laws by hiding their find instead of reporting it to authorities. So did the original buyers who shipped “Victorious Youth” out of Italy without a proper export permit.

Although those illegalities raise ethical questions that might make a museum in 2014 steer clear of a purchase, Gerstenblith said, they have no bearing on the fishermen’s right to have owned and sold the bronze statue, or the Getty’s right to keep what it bought.

In any case, the forfeiture effort is persistent, and the Italian authorities seem inclined to use every tool at their disposal to help secure a return, including cultural diplomacy, mutual assistance treaties, and domestic Italian court proceedings.
Mike Boehm, The Getty’s “Victorious Youth” is subject of a custody fight, latimes.com (May 7, 2014), http://www.latimes.com/entertainment/arts/la-et-cm-getty-bronze-20140507-story.html.
Derek Fincham, Transnational Forfeiture of the “Getty” Bronze, 32 Cardozo Arts and Entertainment Law Journal (2014).