Italy – Page 9 – Illicit Cultural Property

The "Collaboration" Begins at the Getty Villa

These are the first two works from Italy to arrive at the Getty Villa as a part of the agreement reached in 2007. These bronzes, Ephebe as a lampbearer and Apollo as an archer will be loaned for two years. The Ephebe will go on display at the end of April, and the other will be displayed in a year after study and conservation. Karol Wight, the Getty’s curator of antiquities says in the LA Times’ art blog “We want the partnership to be mutually beneficial . . . But of course our concerns are highly aesthetic.”

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

"Art isn’t reduced here to a litany of obscene auction prices"

So writes Michael Kimmelman in a piece detailing the destruction resulting from the recent earthquake:

Italy is not like America. Art isn’t reduced here to a litany of obscene auction prices or lamentations over the bursting bubble of shameless excess. It’s a matter of daily life, linking home and history. Italians don’t visit museums much, truth be told, because they already live in them and can’t live without them. The art world might retrieve a useful lesson from the rubble.

Italy’s prime minister, Silvio Berlusconi, has been busily soliciting foreign aid for cultural restoration after the quake. More than 11,000 volunteers and rescue workers have rushed to help. Milko Morichetti is one, a 39-year-old art restorer from Mogliano, in the Italian Marches.

“Without the culture that connects us to our territory, we lose our identity,” he said. “There may not be many famous artists or famous monuments here, but before anything, Italians feel proud of the culture that comes from their own towns, their own regions. And when we restore a church or a museum, it gives us hope. This is not just about preserving museum culture. For us, it’s about a return to normalcy.”

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

The True/Hecht Trial Continues

The ongoing trial of Marion True and Robert Hecht continued last week in Rome. It is worth remembering perhaps that this prosecution began in 2005 and alleges True and Hecht conspired to traffic in illegal antiquities. One of the important pieces of evidence are the pictures seized in a 1995 raid of a Geneva warehouse.

A number of arguments and defenses still need to be presented, and as Elisabetta Povoledo reported on Friday in the NY Times, True and her lawyers intend to defend the acquisition and challenge the prosecution’s evidence on each object. At the trial True said “If ever there was an indication of proof of an object coming from a certain place, we would deaccession it and return the object, regardless of the statute of limitations”. The difficulty is the two very different views of what this “proof” may entail. True will argue that there was no direct evidence for many of these objects that would indicate they were looted; however the prosecution will surely counter that there must have been some indication that these objects could not have just appeared out of thin air, and these masterpieces were certainly looted. The trade itself capitalizes on these different views by hiding and shielding from view the history of an object.

There are no indications the trial will conclude any time soon, however when it does, one wonders if there is a possibility that the defendants may earn a not-guilty verdict. What consequences might that not-guilty verdict mean? I think to avoid the possibility of other kinds of acquisitions and prosecutions in the future, we should hold institutions to a higher standard of good faith, and the requirements for this should be made plain for museums, dealers and judges to evaluate future acquisitions.

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

True/Hecht Trial Continues Slowly

The trial of Marion True and Robert Hect continued last week in Rome. The prosecution is now in its fourth year. From the New York Times:

Focus shifted to the dealer, Robert Hecht, who has been accused along with Ms. True of conspiracy to traffic in antiquities looted from Italian soil. Both defendants deny the charges. Daniela Rizzo, an archaeologist, presented documents and photographs of artifacts that prosecutors contend passed through Mr. Hecht’s hands. Mr. Hecht’s lawyer said his client disputed the case made by prosecutors for the provenance of each object. Several objects sold by Mr. Hecht to institutions like the Getty and the Metropolitan Museum of Art have been returned to Italy.

Italian court proceedings can be extremely slow, so this may not be that extraordinary. One wonders at this point though, what are the consequences for Italy and other nations of origin if the defendants are not guilty?

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

Italy Announces Recovery of 10 Works, Doubled Recovery of Stolen Heritage

Italian police have recovered 10 works which were stolen back in 2004. Among the recovered works is this 16th Century painting depicting the holy family attributed ot Hendrick van den Broeck.

Gen. Giovanni Nistri announced the works had a value of $5.3 million USD, noting the works were found in a trailer wrapped in newspaper. The were were stolen in 2004 from “an ancient religious complex in Rome” according to the AP story.

The Culture Ministry also announced today that it had returned over 2,000 antiquities to Bulgaria, many of which were coins.

Nistri also announced that works totaling $243 million had been recovered in 2008, more than double the amount recovered the year before. Also noted in a Bloomberg account: “The number of known illegal digs in Italy last year increased by 15 percent to 238, mostly in the area around Rome, the Carabinieri police said.” It seems most of this increase was due to the increased policing of unauthorized archaeological digs (which we might just call looting). How has Italy found the resources or will to increase its efforts? Perhaps its new heritage advisor Mario Resca, profiled in today’s Wall Street Journal has some ideas on how to earn revenue from this heritage.

Whether Resca is the man to make the necessary changes remains to be seen, but he:

points in particular to Pompeii — Italy’s most popular site with 2.6 million visitors in 2007 — where littering, looting and the dilapidation of 2,000-year-old buildings and frescoes prompted the government this summer to declare a “state of emergency.” His concerns extend beyond conservation to issues of marketing and service.

Preserving this massive body of heritage is a difficult undertaking, and I touched on the difficulties at Pompei briefly here, but just because Resca is an outsider does not necessarily mean his ideas will be bad. In fact many of his suggestions have been floated before.

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

Cleveland Museum of Art and Italy Reach Repatriation Agreement

The Cleveland Museum of Art (CMA) and the Italian Culture Ministry announced today an agreement which will return 14 objects to Italy in exchange for loans of “a similar number of works of equal aesthetic and historical significance”. The loans will be for a “renewable” 25-year period. The objects are going back to Italy because they have been looted, stolen or illegally exported.

David Gill has compiled a list of the objects, and provided links to their description on the CMA website.

Here is the list:

1) Pig-shaped Feeding Vessel/Vaso plastico a porcellino.
2) Mule Head Rhyton/Rython a testa di mulo. (Pictured here).
3) Sardinian Warrior/Bronzetto nuragico.
4) Apulian Volute Krater by the Darius Painter; Departure of Anphiaros/Cratere a volute a figure rosse.
5) Etruscan Red-figure Duck Askos/Askos ad anatra a figure rosse.
6) Bird Askos/Askos campano ad uccello.
7) Dog “Lekanis” Bowl with Lid/Coppa e coperchio a figure rosse.
8) Apulian Gnathia Flat-Bodied Epichysis/Epichysis tipo Gnathia.
9) Apulian Gnathia Round-Bellied Epichysis/Epichysis tipo Gnathia.
10) Apulian Gnathia Lekythos/Lekythos tipo Gnathia.
11) Acorn Lekythos: An Eros Serving a Lady/Lekythos campana a figure rosse.
12) Corinthian Krater/Cratere a colonnette corinzio.
13) Pair of Bracelets/Due coppie di armille in argento.
14) 14th Century Italian Processional Cross/croce processionale in rame dorato del sec. XIV.

The announcement is not really a surprise. The former Culture Minister, Francesco Rutelli, had hinted at this deal for months. The deal is the result of a “friendly and collaborative 18-month negotiation” as reported by Steven Litt, the Cleveland Plain Dealer Art Critic. That’s the way both sides are describing the negotiations. Timothy Rub, director of the CMA told Litt “I think it’s always difficult when adverse claims are made against an object or objects in a museum’s collection, but the most important thing to do is to first of all determine if these claims have any merit, and if they do, to deal with them as transparently and as thoroughly as possible. This has been a very open and thoughtful discussion.”

Likewise, Maurizio Fiorilli, said “The director is an exquisite person, this was a negotiation among gentlemen. They always collaborated and exhibited great openness, therefore, I am content.” High praise indeed.

The crucial point to pick up on here is these objects were connected with Giacomo de Medici, which Italian and Swiss authorities raided in 1995. The polaroids they seized are the engine driving nearly all of these repatriations. Without that solid evidence, the chances are that these objects would not be returned. The restitution of these works is a positive developmetn to be sure, but will they continue? Has the antiquities trade learned its lesson? What about institutions who want to make further acquisitions? Are further acquisitions possible? Can we be sure they are legally excavated? Are the fundamental legal mechanics of the purchase and sale of antiquities different now than they were in the 70s, 80s and 90s? I don’t think so. The underlying problems persist, though at least public perception has changed markedly. On that front, perhaps judges will be more inclined to adopt more encompassing views of the foundational international legal agreements such as the 1970 UNESCO Convention, but the antiquities trade can still effectively evade legal safeguards.

To see how let’s contrast these returns with the CMA’s recently-acquired bronze Apollo, pictured here. Not being an art historian nor an archaeologist, I still think this Apollo is a much more interesting and valuable antiquity than most of the objects being returned. In fact it is slated to be the centerpiece of the CMA’s renovated classical exhibition. Litt reported today that there will be a joint scientific study of the statute which was acquired by the museum in 2004. The Apollo was the subject of another article by Litt in the Plain Dealer back in February. Evidence suggests the sculpture has been excavated for perhaps 100 years, though Italy has argued it was salvaged from the Adriatic in the 1990s and then illegally sold. The publicly-released provenance of the object seems a bit suspect. Its recent history stems from Ernst-Ulrich Walter, a retired German lawyer who said he foudn the statue lying in pieces when he recovered his family’s estate in the former East Germany.

It was then sold to a Dutch art dealer (Michael van Rijn perhaps?), then sold to the Phoenix Ancient art gallery. We have no idea where or how this stunning statue was found. There is no contextual information. Was it really in pieces for 100 years? The discussion and feeling from the CMA and Italy definitely don’t seem to indicate there will be a much in the way of a continued dispute over the object. And that’s because there is no evidence it was stolen, looted or illegally exported. Rather, there exists a paucity of information about its origins. That is not enough to base a legal claim.

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

Bonham’s Withdraws Antiquities From Today’s Auction

ANSA is reporting that Bonhams London has withdrawn 10 antiquities worth an estimated 250,000 Euros from a scheduled sale today after concerns were raised by the Italian government, seemingly at the last minute. There are indications these objects were illegally excavated or illegally exported from Italy, perhaps in the 1970s. It seems likely that it was Francesco Rutelli’s “urgent” question to his successor, Sandro Bondi about this sale perhaps forced Bondi to act, particularly given the 11th hour nature of the actions. The Chairman of the auction house, Robert Brooks said in a statement:

We are always happy to cooperate with any action that limits the chance of items being sold that should not be sold. Having said that we would welcome a greater openness on the part of the Italian Government, which would allow us far more advance warning and information about concerns they have. Responsible institutions need to work together and not to keep information hidden, for whatever reason, until the very last minute.

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

Liquidating an Antiquities Dealer’s Stock

Francesco Rutelli is making headlines again, this time in the Times, telling the Italian Parliament yesterday he had an “urgent question” for Sandro Bondi, his successor as Italian Culture Minister:

“Since the summer of 2007 the Ministry of Culture has undertaken extra-judicial negotiations with the commission of liquidators of the Symes collection nominated by a London court, with the aim of verifying the possibility of recuperating archaeological artefacts belonging to the heritage of Italy.”

The question involves antiquities which may be sold to satisfy the debts of Robyn Symes, who served prison time for bankruptcy. As an aside, my understanding of UK bankruptcy law is very limited, but I understand that seving jail time is a pretty extreme measure, and is given generally when a debtor won’t pay their debts, though they may be able to.

The difficulty is that Symes had a great deal of antiquities, which are now in the process of being liquidated to satisfy his debts. The Italian authorities and other nations of origin are of course very interested in the disposition of these objects, given that they most likely were illegally excavated or illegally exported. Some of them are slated for sale at an auction held by Bonham’s to be held on October 15th. One of the objects for sale is this Apulian 4th-century BCE red krater vase.

David Gill points to an Italian report in Il Messaggero which indicates that 17,000 objects worth 160 million Euros were recovered. An astonishingly high figure if accurate. It seems he also asked the Department of Culture Media and Sport about the liquidation but they stated “arrangement involving the Italian Authorities and other parties … was facilitated by this Department [sc. DCMS], which is specific to an individual case.” That’s not particularly helpful of course. This is a sale which needs to be made public, and the DCMS and the Italian Culture Ministry needs to put their cards on the table and be accountable and tell us what and how they are resolving this dispute.

I strongly suspect that there is not much which can be done. Without sufficient evidence that these object were illegally excavated in Italy, or that they were illegally exported, Italy does not have much legal traction to challenge this sale. I suspect the DCMS may know that, but won’t state that publicly because it would reveal the deep-rooted problems in the antiquities trade.

This may indirectly reveal the drawbacks with the recent Italian repatriation strategy. They have secured the return of many objects in recent years, but have done so in large measure without using courts, and without setting legal precedents, broadly defined (the interminable ongoing prosecution of Marion True is one exception). Some potential buyers, who want to work with Italy in the future may avoid this sale, though others, particularly private collectors may not be so constrained. Though the potential purchase price may decrease, I’m not sure there’s any legal basis (absent solid evidence) for blocking this sale. We have strong suspicions of course, but I’m not sure the Italians have enough to withstand the evidentiary burdens of a legal proceeding. We’re left with objects which “probably” originated from Italy, with only a limited universe of potential buyers. Such a state of affairs is not helping anyone.

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

Commemorating Italy’s 1909 Antiquity Law

Elisabetta Povoledo has an overview of an Italian exhibition celebrating its 1909 Antiquities Law in Tuesday’s New York Times. The proposed message is clear, were it not for Italy’s strong cultural heritage laws, we would have lost a great deal of contextual and other information. One object from the exhibition is this bust of Augustas purchased in “an antiquarian market in 1938”.

As the piece notes:

The exhibition is part of a broader scholarly program to study and celebrate the 1909 cultural-heritage legislation, which laid the groundwork for protective laws adopted in subsequent decades. “That early law consolidated principles that are still active today,” said Adriano La Regina, one of Rome’s leading archaeologists and the chief curator of the exhibition.

These laws have set an important precedent, and resahped the art and antiquities trade. They remain an imperfect instrument though. There are potential drawbacks to such an aggressive legal regime. One example is an unsuccessful attempt by Italy –characterized by John Henry Merryman as retention– to secure the return of a French work by Matisse which was illegally exported to the United States, Jeanneret v. Vichy 693 F.2d 259 (2d Cir. 1982). The regime may also present difficulties for contemporary Italian artists, which often have a difficult time selling their work abroad:

Domenico Piva, president of the Italian federation of art dealers, said it was “preposterous” that a release form must be obtained from the Culture Ministry each time a 50-year-old art object is exported, “even if it’s an industrial object by an architect.”

He said the laws had “led to the creation of an entirely internal and provincial art market” and restricted the profile of modern Italian artists abroad. “We complain that the Impressionists have a great international market, and our own artists are ignored, but it’s because our artists only circulate in Italy,” he said.

These are the two sides of the cultural heritage debate. In a sense I suppose its a difficulty with art and culture generally when art and cultural output is commodified.

It’s also interesting that this exhibition comes close on the heels of the resolution of the Oetzi “Iceman” dispute, in which a court ruled the North Italian province of Bolzano had to pay a finders’ fee of 150,000 Euros. This after the finders — who were on a hike in 1991 — were offered 5,200 euros initially. Italian law provides a finders’ fee of 25% of a discovery’s value. The difficulty can be settling on a real value of an object which has no licit market. But the council finally agreed to pay the larger amount in recognition of the tremendous tourist dollars the find attracts.

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