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.
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.