Arrests in Italy

From UPI, Italian authorities have arrested a group of antiquities smugglers. Based on the description of the goods, I wonder if a portion of these objects were destined for a domestic sale in Italy to Italians. Not all of the antiquities trade is international, and adequate regulation begins with the source nations themselves. Italy is the model, as its cultural policy is perhaps the most comprehensive and, more importantly, successful. Here’s an excerpt:

ROME, Sept. 20 Police have foiled a scheme to sell millions of dollars worth of artifacts plundered from historic sites throughout Italy.
Investigators prevented a group of art traffickers from selling the stolen property, which included thousands of priceless objects bought from tomb raiders, the Italian news agency ANSA reported Thursday.
The coins, lamps, funerary objects and other ancient artifacts were believed to have been transported through the Republic of San Marino, where they were assigned fake provenance documents.
Among the 26 people charged in the operation was a 60-year-old Italian dealer from England who was caught just as he was about to cross the Italian border into Austria. “This is an amazing haul and proof that we are intensifying our efforts to stamp out illicit trading in antiquities,” said General Ugo Zottin, head of the Carabinieri’s special unit for protecting Italy’s cultural heritage. “We got to the traffickers as they were about to move the objects through various outlets in Verona, Bolzano and Rimini — some of them quite respectable establishments.”

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More on the Acroliths at UVA

The University of Virginia’s student newspaper, The Cavalier Daily has an editorial today on the two acroliths in the University Museum. Contrary to some speculation, there has been no confirmation the objects will return to Italy, and neither the University nor the Italian Culture Ministry have made any announcements yet. The Cavalier has another story by Laura Hoffman and Thomas Madrecki, which reveals some interesting details:

University Associate General Counsel Richard Kast said the artifacts were also given to the University by an anonymous donor.
Kast added that the University entered into an agreement with the donor to neither publicize the acroliths nor reveal the identity of the donor.
“Under the agreement that is in place, the University is not supposed to openly publicize the fact that they have the acroliths,” Kast said.
Kast also said, however, that the University is “obviously” in the possession of the marbles.
“There is an agreement, and the agreement has been in place for a while,” Kast said.
Several Italian news outlets have reported that the acroliths will be returned to the Aidone region in 2008. The New York Times article quoted Beatrice Basile, the art superintendent for the Italian province of Enna, as saying “We’re happy they’re coming back.”
According to Malcolm Bell, III, University professor of art history and director of ongoing University excavations in Morgantina, the museum will display the artifacts until the end of this calendar year.
Bell added that he is “eager to see them returned” and “optimistic” about the possibility of their return to Italy. Bell also said the Times article was accurate.
Kast declined to comment on the possibility of ongoing inquiries from the Italian government to the University in reference to the acroliths.

That seems odd. They have these objects but are not allowed to publish the fact. It seems there is an agreement, but no announcement has been made. As the editorial asks:

Too many questions remain unanswered. Even more, it seems, haven’t been asked. Who owns the masks? To whom do they rightly belong? Does the University Art Museum plan to return the masks? And if not, why? Until the public learns the truth, the circumstances surrounding the masks will continue to arouse suspicion.

I think that is exactly right. It seems like the University of Virginia has a good relationship with Italian authorities certainly, and perhaps is acting as a go-between for the anonymous donor, most likely Tempelman, and Italy.

On an unrelated note, unlike student papers here in the UK, (especially the atrocious one run by the students here at the University of Aberdeen) student papers back in the States take their jobs seriously and do some real reporting.

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

Pre-Emptive Archaeology

Elisabetta Povoledo of the NY Times had an interesting article last week on Odysseus, a kind of amateur archaeology group which legally excavates at-risk sites. Here’s an excerpt:

The Etruscan tomb was hidden in such a remote corner of Tuscany that Andrea Marcocci, the archaeology student who found and identified it about a decade ago, was not very worried that anyone else would stumble upon it.

Then, this year, woodsmen began to clear brush in the area, and Mr. Marcocci — who had believed the tomb would be safe as long as it was concealed in a forest — realized he had to act.

“I became worried that what’s supposed to be the patrimony of mankind would become the patrimony of an individual,” he said.

Armed with a permit from the archaeological authorities (in Italy, anything found underground belongs to the state), he and a handful of volunteers began to dig.

What they found last week was a complete surprise: a tomb dating back more than 2,000 years with a cache of almost perfectly preserved ceramic and bronze funerary objects, including cremation urns for more than two dozen people.

“It was an incredible moment,” said another archaeology student, Giacomo Ghini, who was the first to spot the tops of the urns buried in dirt in the burial chamber. “We weren’t sure there would be anything there.”

This is a really interesting and exciting effort I think. Under the present system, the only sure way to insure a site will yield its historical information is to properly excavate it first. Italy has a wealth of undiscovered antiquities, but when tombaroli (meaning tomb-robbers) excavate them, the contextual information is forever lost. This group is semi-professional composed of archaeology students. Its activities were completely legal, as they had been granted a proper permit as well. These objects were also turned in to the state.

This site was not major, and thus would probably not have been excavated by anyone other than this kind of volunteer group. Even in Italy, where cultural policy is a major political issue, it is still not possible to police every archaeological site. There are simply too many.

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

Evaluating the Italy/Getty Accord


Jason Felch and Ralph Frammolino–nominated for a pulitzer in 2005 for their reporting on the Getty–have a can’t miss article in Friday’s edition of the LA Times. The subject is the agreement to return 40 antiquities to Italy.

Here’s an excerpt:

The museum’s youth and wealth made it an ideal target. Unlike its East Coast peers, which built the bulk of their collections in the decades before tough new laws governing antiquity purchases, the Getty came late to the collecting game. The museum didn’t receive its enormous endowment until the early 1980s, just as the United States was ratifying an international agreement that, among other things, banned traffic in artifacts that had left Italy without permission after 1939.

Fine antiquities, a passion of the museum’s benefactor and namesake, could still be found on the market. But museum officials often turned a blind eye to whether the artifacts had been illegally excavated and exported from their country of origin.

It’s an excellent overview of this dispute, and the problem with the antiquities trade generally. It also gives the context for how the Getty got itself into this mess and how it has responded in the past months. There’s a photo gallery of some of the important works which will be returned to Italy here; a helpful .pdf shows where in the Getty Villa the works are currently displayed; there’s also a nice gallery of photos from Italy by Luis Sinco here (including this image of a looted grave in Castelvetrano, Sicily).

NPR’s All Things Considered also covered the agreement this week. You can hear Michael Brand, the museum director, give his opinion. Patty Gerstenblith, a legal commentator on antiquities issues, also comments that this agreement rights past wrongs. Perhaps more relevant though is the Getty’s decision to no longer acquire antiquities without clean title dating to the 1970 UNESCO Convention. As she says, working to stem the illicit antiquities trade “is the most important thing that museums can and should be doing at this point.”

I also think the comments of Francesco Rutelli on Thursday were dead-on, and indicated a pragmatic view of the trade that many passionate advocates miss. He said efforts to stem the illicit antiquities trade “make looting more attractive.” He continues “Such a decisive fight against art trafficking makes looting more attractive, in the sense that (the items) have a higher value because there are fewer… An object that a few years ago could be bought for US$400,000 (€290,250), today is worth US$4 million (€2.9 million).” He’s exactly right, and its something legal commentators have been arguing since Paul Bator’s seminal work An Essay on the International Trade in Art.

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

Italy Blinks

Jason Felch and Ralph Frammolino report in today’s LA Times that Italy and the Getty have reopened discussions over 46 potentially illicit antiquities. New discussions are possible because it seems Italy has relented in its claim to the “Bronze Statue of a Victorious Youth”. As I and others have argued, Italy’s claims to the bronze are weak: the statue was found by chance in the Adriatic, it was probably created in Greece, it has been in the Getty for 30 years, and Italy was unable to establish any wrongdoing during criminal proceedings in the 1960s.

As to a new criminal investigation:

A senior Italian official said the culture ministry decided that the fate of the statue should not be negotiated until a new criminal investigation into the statue’s discovery and export from Italy is complete. The official asked not to be named because he was not authorized to speak on the record while negotiations were ongoing.

The new investigation, being conducted by a regional magistrate, was requested several months ago by a local citizens group in Fano, hometown of the fishermen who found the statue, brought it ashore and hid it in a cabbage field before selling it to a local dealer.

But even its citizen sponsors admit the investigation is unlikely to uncover the full story of the artifact’s discovery and export from Italy. Nearly four decades have passed since the bronze athlete left Italy under mysterious circumstances, and many of the people involved have since died.

This is a welcome development, and allows both sides to engage in meaningful negotiations. In the past Italy has given loans of other objects in exchange for the return of contested works. Negotiations will likely be difficult though, as the Getty has 45 contested antiquities, and the criminal trial of Marion True overshadows much of the negotiation. It will be interesting to hear what Francesco Rutelli has to say about this development, as he has argued very strongly for some months that the Bronze must be returned.

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

Antiquities and Politics


On Wednesday, Christopher Knight of the Los Angeles Times gave an interesting perspective on the Italy/Getty dispute. He expressed some of the same ideas I’ve had for months. Namely, that Italy does not have a strong claim the the “Bronze Statue of a Victorious Youth” and Culture Minister Francesco Rutelli, who Lee Rosenbaum has labelled the “Great Repatriator”, is using Italian cultural pride to earn political capital.

To start, Knight could not foresee the recent dispute over a da Vinci loan taking place in the US:

Imagine Sen. Charles E. Schumer (D-N.Y.) chaining himself to the gates of New York’s Metropolitan Museum to protest the loan of Emanuel Leutze’s “Washington Crossing the Delaware” to a foreign museum.Unimaginable? That’s the point. The brawl over the Leonardo loan was overwrought, but in Italy it was politics as unusual.

As I said back in March, “Cultural policy is a much more prominent part of Italian politics than in many other countries.” Knight makes an interesting connection from this kind of outrage to recent Italian/American relations:

The flash point was Prodi’s advocacy for the controversial expansion of an American Army base in Vicenza. Thirty thousand peaceful protesters poured into the streets in December, followed by 80,000 in February. Then a motion in the Italian Senate to support the government’s pro-U.S. foreign policy failed, much to Prodi’s surprise. His precarious coalition government temporarily collapsed. It’s still riven with fissures, and the left remains its most unruly faction.

Rutelli’s escalating anti-Getty posturing is old-fashioned political demagoguery, pitched to voters back home. The ultimatum symbolically proclaims that powerful American interests cannot push Italy around, making the government look tough. The emptiness of Italy’s legal and ethical claims for the Getty Bronze are beside the point.

I think that is exactly right. The engine driving Italy’s very effective public repatriation campaign is Italian respect for their own culture. I’ve spoken with some Italians about this very issue, and their immediate response is “of course the bronze should go back”. But in this case such pride may be doing more harm than good. I’ve included a very unscientific poll at the left just to see what readers may think about this dispute. I expect to hear more from both sides in the coming week, as Rutelli’s deadline expires.

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