Believed to depict Saint Demetrius of Thessaloniki (as a Holy Warrior), the Western Romanesque-styled limestone carving could only come from areas where this specific saint was honoured, i.e. Greece, Bulgaria, or more likely, Galicia–Volyn, the former principality in post-Kyivan Rus whose structures were built in the late twelfth century through the middle of the fourteenth century.  The rural landscape of this area, now predominantly situated in western Ukraine, is speckled with forgotten and deserted Roman Catholic churches (kościoły), poignant relics of bygone settlements that once flourished in the region.

Following a lengthy two year investigation, headed by Viktor Tymchuk of the Volyn Regional Prosecutor's Office and Svitlana Nedumova, the head of criminal proceedings and prosecutor of the Lutsk District Prosecutor's Office, assisted by the inquest section of the Lutsk District Police Department in the Volyn Region, the bas-relief was seized. 

Over the past three years, Ukraine's National Police and its Security Service (SBU), under the procedural guidance of the prosecutor's office, have investigated more than 300 crimes related to the theft, illegal trade, and smuggling of monuments.  

Full Moon Night, 1878 by Ivan Aivazovsky

There are 32 stolen paintings listed in the INTERPOL Works of Art database by the Romantic painter Ivan Aivaszovsky (1817-1900), when searching under the spelling "Ivan Constatinowitsch Aivazoffski" but not, apparently this one.  This one is scheduled to be auctioned in Moscow on February 18th. 

Aivazovsky, born Hovhannes Aivazian in 1817, was a prolific marinist artist of Armenian descent who left an indelible mark on the art world with his mesmerising seascapes. Born in 1817 in the Crimean city of Feodosia, Aivazovsky studied painting at the Fine Art Academy in Saint Petersburg, but it was his deep connection to the Black Sea coast which profoundly influenced his work, and earned him the title "the painter of the sea." 

Considered a master of light and shadow, Aivazovsky's oeuvre comprises over 6,000 paintings, ranging from serene moonlit scenes, tempestuous maritime battles, and shipwrecks often capturing the irresistible and ever-changing moods of the sea, as well as the men who navigated upon it, with unparalleled realism and drama. 

His works have been sold for a wide range of prices, with some of his most renowned and iconic works fetching millions. His eponymous painting, The Ninth Wave, 1850 depicts an unlucky group of castaways trying to survive a shipwreck.  The artwork was a hat tip to the nautical phenomenon in which waves are said to grow larger and larger, in a continuing series, up until the largest wave, the ninth, at which point the sequence starts again.  This painting has been part of the collection of the State Russian Museum in St. Petersburg since 1897, having originally been acquired for the Imperial Hermitage of Emperor Alexander III.  

According to ArtPrice, as one of the most sought-after 19th century painters, Aivazovsky's works have gone up for sale at public auction at least 1,296 times some at modest prices and others tipping the top of the chart.  In 2006, two London auctions of his paintings, View of Constantinople (1852) and The Varangians on the Dnieper (1876) hammered in at € 2,142,810 at Christie's and € 2,262,535  at Sotheby's. In 2020, the artist's painting The Bay of Naples, 1878 was sold at Sotheby’s for $2.9 million.

But let's talk about the origins of one of Aivazovsky's seascapes coming up for sale in Russia just four days. 

Painted by Aivazovsky in 1878, Full Moon Night, 1878, the 63.4 X 84.2 cm aoil on canvas painting is set to be auctioned at the Moscow Auction House, with a starting bid listed at ₽100 million (€1,022,677).

Yesterday,  Günduze Aydynovych, an Azerbaijani-born Ukrainian lawyer and human rights activist who has served as Prosecutor of the Autonomous Republic of Crimea reported on the Social Media website "X" that this artwork was one of some fifty canvases illegally transferred to the Simferopol Art Museum at the beginning of the Russian occupation of Crimea in 2014, and its theft was registered with INTERPOL in 2017.

Росія планує виставити на аукціон картину Айвазовського «Місячна ніч». Ця картина була серед 52 полотен, що були незаконно передані у Сімферопольський художній музей у Криму. У 2017 році @INTERPOL_HQ, за поданням @Crimea_Prok, оголосив картини у міжнародний розшук. Таким чином РФ… pic.twitter.com/i7KWrlVImS

— Гюндуз Мамедов/Gyunduz Mamedov (@MamedovGyunduz) February 13, 2024

But how did this painting get to Russia? 

According to Ukrainian authorities, on 18 February 2014, the Simferopol Art Museum and the Mariupol Museum of Local Lore signed an exhibition agreement to jointly exhibit paintings as part of the exhibition Russian and Ukrainian Art of the 18th - Early 20th Centuries.  The offering was designed to give audiences a rare opportunity to explore the diverse artistic expressions of Russian and Ukrainian artists side by side from these periods. 

On the same day, 52 paintings belonging to the Museum Fund of Ukraine, including Aivazovsky's Full Moon Night, 1878 arrived in Mariupol from Crimea. 

Expected to last until 31 May 2014, the exhibition was forced to close earlier when the management of the Simferopol Art Museum recalled the paintings to the territory of the then-occupied Crimea due to the increasingly tense socio-political situation in Ukraine.  On 19 March 2014, the Mariupol museum workers received a letter from the director of the Simferopol Art Museum.  Thereafter, Olga Chaplinska, the then-head of the Mariupol Museum of Local History terminated the exhibition agreement and on 20 March 2014 Nataliya Kuryonysheva, also from the Mariupol Museum oversaw the handover of 52 paintings to an envoy for transfer to the Simferopol Museum.  According to later reports in Russian media, the museum's staff had “saved” these paintings from damage by Ukrainian fighters.

In March 2018 both women were criminally charged for their actions pursuant to Part 2 of Article 367 of the Criminal Code of Ukraine, which consists in official negligence, i.e. failure to perform or improper performance of official duties by an official, which caused significant damage to Ukraine's state interests.

By December 2016 and up through March 2017, Full Moon Night, 1878 by Aivazovsky was in St Petersburg, circulating along with 53 other works of art by the artist during a special exhibition.  This 200 year anniversary event occupied the entire first floor of the Benois building of the State Russian Museum. 

By 19 August 2017 Tetyana Tikhonchyk, the press secretary of the Prosecutor's Office of the Autonomous Republic of Crimea temporarily stationed in Kyiv had published a copy of a letter to her Facebook page.

This document, protocolled as: 
Identification code 40108756
19 08.2017 № 4584/100/01-2017

From the National Police of Ukraine - Main Department of the National Police in the Autonomous Republic of Crimea and Sevastopol received by the Prosecutor of the Autonomous Republic of Crimea to the Senior Advisor of Justice Mamedov G.A reads as follows:

Dear Günduze Aydynovych,

We inform you that according to the response of the Department of Interpol and Europol of the National Police of Ukraine, the works of art mentioned in the letter dated August 15, 2017 No. 4369/100/01-2017 were entered into the records of the General Secretariat of Interpol as "stolen".

Best regards

Head, Police General of the third rank

A.K. Bakhchivanzhi

Unfortunately, due to insufficient resources and the ongoing war in Ukraine, images and documentation for the 52 works of art, identified in this single 2014 misappropriation, have not yet been uploaded to the Interpol Works of Art database and made accessible to the public and other country law enforcement agencies. 

ARCA hopes that by highlighting Günduze Aydynovych's concerns and Ukraine's supporting documentation on their artworks' removal, will serve as a cautionary reminder that this painting's auction, (and potentially others) is being questioned by  Ukraine as has been removed from the confines of the territory of Ukraine in contravention of the laws of Ukraine. 

For now, ARCA recommends that responsible and ethical collectors refrain from bidding on this artwork unless its full provenance documentation is provided.  

UPDATE: 19:00 GMT+1

Moscow Auction House has told Russian journalists with RBC that the painting  Full Moon Night, 1878 by Aivazovsky was purchased at Stockholm's Auktionsverk in Sweden in 2008.  They also state that it is this second Moonlit Night, a view of the Black Sea off the Crimean coast in the Feodosia region dating to 1882 which is the subject of the Interpol notice as having been once been part of the Simferopol Art Museum collection. 

 

ARCA has confirmed there was a 2008 sale in Stockholm which matches the depiction of the disputed Aivazovsky painting, now up for auction in Moscow. This painting, under the title of A corner of Constantinople from the sea by moonlight, was painted in 1878 and uses a different phonetical spelling for the artist, referring to him as Ivan Constantinovich Aivazovsky.  According to the ArtPrice database, this painting sold for a hammer price of € 338,910. 

What remains a question is why, and for what the motive if any, did the auction house and the authenticators at the Russian Museum for Scientific Work, who attested to the artworks authenticity, change the name of the artwork.

By Lynda Albertson

As stated on the official Facebook page of the State Customs Service of Ukraine,  customs officers in Chernivtsi foiled an attempt to smuggle archaeological artefacts out of the country last week. 

However, during the routine customs inspection, officers collaborated with the State Border Guard Service personnel in the Chernivtsi region and uncovered various archaeological items, including fragments of horse armor, pieces of jewelry, crosses, household items, and Byzantine glass elements. These items fall under the purview of Ukraine's law on "the export, import, and return of cultural values" dated September 21, 1999, making their removal from the customs territory illegal.

   

In November 2023, another stop customs officers in Chernivtsi, again with a driver choosing the "green corridor" lane to pass the customs control, resulted in the seizure of 100 books and one religious icon that likewise were not declared and not presented to customs control, in contravention of the law on export, import and return of cultural values.

That same month, Kyiv customs officers also seized heritage items, exiting the country via mail shipments.  These included an icon of "The Lord Almighty" (XIX-XX centuries) from the famous Borisov icon-painting school, a Bronze Cross-Encolpion (XII-XIII centuries) with relief images of Christ, Virgin and scenes of Crucifixion, used to hold the relics of saints in the times of Kyivan Rus and another grouping of small historic finds. They were heading from Kyiv Oblast and Ternopil Oblast to the United States. 

As those who read our earlier article this week have seen, ARCA matched several of the recovered jewellery pieces to exhibitions which displayed 21 pieces of jewellery owned by LLC Rodovid Museum.  This relatively new company is controlled by Ukrainian businessman Igor Didkovsky, who, during the presidency of now deposed Viktor Andriyovych Yushchenko, was once the director of the Art Arsenal from 2007 to 2010.  

From August 2007 to June 2009, Didkovsky also headed the Viche political party, which has since changed its name to Aktsent (in 2018).  Didkovsky has described himself as the president of the RODOVID group of companies as well as the Chairman of the supervisory board of ВАТ КУА ІСІ "МИР", which appears to be a closed-end venture investment fund.  

Interviewed in 2012, Didkovsky boasted that he was the owner of the largest collection of Scythian gold in the world. At the time of these statements, it was reported that his collection included 4 pectorals as well as the only belt of a Scythian queen.  All of which the collector claimed to have purchased for "a small amount of money."   

Igor Didkovsky and the belt of a Scythian queen

Didkovsky's collection has been displayed in 2009 in an Art Arsenal exhibition titled “From the Depths”. In 2010 it popped up briefly at a meeting of the "Club of Successful Women", in Kyiv.  And lastly, over three days, the gold was displayed at the International Forum of Investment and Innovation held at the Fairmont Grand Hotel Kyiv from May 15 -17, 2013.  

As has been stated in the Policia Nacional press release, the joint Spanish - Ukrainian investigation was kickstarted in 2021 with the private sale of what was described as a Scythian "gold belt with ram heads that was deposited in a safe in Madrid."   If the object identified in the Spain case is the same belt of a Scythian queen mentioned by Didkovsky, we now have a Facebook social media photo identifying that specific artefact, when it was listed as part of the exhibition held at the Kyiv hotel.

Black Archaeology + wealth + unethical collecting + confllict excavations

At its peak in the Middle Ages, the Slavic kingdom of the Kyivan Rus, as Ukraine was then known, extended north from the Black Sea to encompass most of what is now western Russia.  Rich in history, Ukraine's movable cultural heritage includes material from Paleolithic and Neolithic settlements, the settlements of the Trypillian people, and the rare, but glittery, gold-filled Scythian and Sarmatian burial sites.

Other Scythian sites can be found on either side of the Kerch Straits between the Black Sea and the Sea of Azov, as well as in the Caucasus Mountains primarily along the Kuban River and in the contested area of Crimea.  

Unfortunately, privately collecting by the country's elite who too often have an odious lack of concern for an object's origins, is all too prevalent.  Following its independence, Ukraine has seen the rise of several private archaeological collections, of which only a few have any footprint in the public domain.  

In addition to Didkovsky's we also have the Feldman collection, which was started by Oleksandr Feldman, and is now part of the Feldman Family Museum project in Kharkiv, the Platar and the Yushchenko collections.

Sergei Platonov died in 2005, leaving his ancient art collection, the Platar, to his heirs and business partners.  While living, he often indicated that he and his colleague, politician Sergey Taruta, bought material specifically to protect Ukraine's heritage from avaricious foreigners.  Like Didkovsky, Platonov didn't shy away from acknowledging to have purchased artefacts sourced via black archaeology -- the looting of archaeological sites, rather than through the ethical purchase of artefacts already in circulation from legitimate sources. 

Recently, in May 2023 Censor.NET journalist Tetyana Nikolayenko published a copy of the letter in which the Security Service of Ukraine confirmed the opening of an investigation after State Customs at the border in the Lviv region detained Chinese objects from the same Platar collection mentioned earlier.  According to statements by this collection's patrons, Sergei Platonov's son Mykola Platonov and Sergey Taruta, the items were being exported to Prague for an exhibition at the Galerie Gema s.r.o, a rather oddly selected venue for historic pieces of that calibre. 

In 2021, the Ministry of Culture of the Russian Federation issued a permit for archaeological work in occupied Crimea specifically at the site of Chersonesus.  Working in an area covering some 400,000 square meters, the Institute of the History of Material Culture of the Russian Academy of Sciences, the Institute of Archaeology of Crimea of the Russian Academy of Sciences, and Sevastopol State University began excavating, in some cases using heavy equipment and improper scientific methods as trenches were cleared.

This exploration is openly reported on the Hermitage website, despite the fact that it  violates the 1954 Hague Convention,

According to this report published by the State Hermatage Museum, excavations by their researchers uncovered 70 objects which were then transferred to the State Hermitage Museum in Saint Petersburg, Russia in contravention of Ukraine's cultural heritage laws.   

These objects included:

"a set of dishes for a funeral meal (jugs, bowls, drinking vessels), clay lamps, glass balsamaria, bone and bronze pyxides, small household items made of non-ferrous and precious metals, jewelry and clothing decorative elements, agate and carnelian beads, pendants from Egyptian faience. Gold eyecups and mouthpieces were discovered in the urns - details of the funeral rites of noble citizens of Roman times."

It should be underscored that the provisions of the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict states as follows:

Article 9 - Protection of cultural property in occupied territory 

1. Without prejudice to the provisions of Articles 4 and 5 of the Convention, a Party in occupation of the whole or part of the territory of another Party shall prohibit and prevent in relation to the occupied territory: 

(a) any illicit export, other removal or transfer of ownership of cultural property; 

(b) any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property; 

(c) any alteration to, or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientific evidence. 

2. Any archaeological excavation of, alteration to, or change of use of, cultural property in occupied territory shall, unless circumstances do not permit, be carried out in close cooperation with the competent national authorities of the occupied territory.

Just my way of saying to those in a position of wealth and/or power the axe forgets, but the tree remembers.

By:  Lynda Albertson

Officers working with Spain's Policía Nacional have recovered a collection of Scythian, Greek craftsmanship VIII-IVth century BCE gold jewellery.  The pieces, which consist mainly of necklaces and earrings, had been fenced by a criminal network involved in the sale of Ukraine-sourced antiquities via a web of sales transactions, at least one of which was identified in Madrid.   

According to statements released by Spain's National Police, the jewellery had previously been exhibited in an unnamed Kyiv museum between 2009-2013.  While the museum was not mentioned in the law enforcement press release, one of the striking pieces was fairly easy to recognise, which has helped identify at least one public showing of several of the now-seized pieces.  

The piece we first recognised is a striking openwork royal chest decoration, made up of four strands of woven gold, depicting images of animals and plants.  The object is similar to the famous Mozolevsky pectoral, found in 1971 in the Tolstaya Mogila mound near Ordzhonikidze.  This one however is stated to have possibly come from Kul-oba, a burial mound of a Scythian leader, discovered in 1830 near Kerch, Crimea which was partially looted prior to formal excavations. 

This recovered pectoral, a second container for storing aromatic oils decorated with carnelian stones, a pair of the earrings, a pin, and a collar necklace all match objects which have been part of an exhibition entitled “From the Depths” which was held at the then unfinished Mystetskyi Arsenal Museum on Mazepa Street in Kiev.  

Along with unique exhibits from state museums, the exhibition included a grouping of gold jewellery from the private museum collection "Rodovid", and were registered with the Ministry of Culture with inventory numbers. None of these items could be sold or taken out of Ukraine (unless their export was authorised for a  exhibition loan).

The seized jewellery is believed to have been smuggled illegally out of Ukraine on/around 2016.  Police have indicated that the confiscated cultural assets had been shopped with forged ownership documents which claimed that the jewellery was the legal property of the Ukrainian Orthodox Church.  To assist in carrying out this ruse, the objects were marketed through a priest who is reported to live in the Spanish capital.

For the present, all of the recovered  pieces are being studied at the National Archaeological Museum and the Cultural Heritage Institute of Spain.

By: Lynda Albertson

Debris covering stairs inside the Donetsk Academic Regional Drama Theatre following a March 16, 2022, bombing in Mariupol, Ukraine. Image Credit AP - Alexei Alexandrov

As the year comes to a close, it's time to highlight (some) of the losses, and a few of the successes from the year 2022 before we look ahead to what 2023 will bring.  

In 2022 we witnessed Russia’s invasion of the Ukraine, taking thousands of lives and creating a tragic humanitarian crisis.  One symbol of both heritage and human loss was the airstrike upon the historic Donetsk Academic Regional Drama Theatre in Mariupol, a cultural landmark where hundreds of people had been sheltering as a result of the city's siege.  The theatre strike serves as painful testimony to the cost of war and the painfully permanent scale of destruction to the Ukrainian port city and ints inhabitants, as Russia's primary target in Ukraine's southeastern region of Donbas.  

Evidence collected by the AP estimates that as many as 600 civilians may have died as a result of the theatre's March 16th double airstrike, which placed this cultural institution directly in the crosshairs of the conflict.  This despite the centre's obvious civilian character and the fact that the displaced individuals who sought refuge there had plainly marked the pavement, in front of each entrance to the structure, with the word дети (children), written in Cyrillic and could be seen cooking daily meals outside.  

Five days later and just a few blocks away, Russia's bombardment also heavily damaged the Kuindzhi Art Museum, dedicated to the life and work of local realist painter Arkhip Kuindzhi.  Kuindzhi’s works were not in the museum at that time,  however, the fate of other artworks in the museum remains difficult to ascertain. 

It total UNESCO has documented 64 damaged or destroyed sites of historical and/or artistic interest in the Donetsk Region alone. 

As of December 23rd, throughout Ukraine, again according to UNESCO, the agency has verified damage at 102 religious sites, 18 museums, 81 buildings of historical and/or artistic interest, 19 monuments, and 11 libraries.

Outside Ukraine, two themes for 2022 are museums, and those in charge of them, behaving badly, and crime doesn't pay. 

On the West Coast, the J. Paul Getty Museum in Los Angeles saw its hand forced by the same East Coast prosecutor, following an ongoing criminal investigation by DANY.  That investigation resulted in the California museum relinquishing, post-seizure, its looted group of life-size terracotta figures known as Orpheus and the Sirens back to Italy. 

Things were no quieter for museums over in Europe and the Middle East, where over the summer, France saw its former director of the Musée du Louvre, Jean-Luc Martinez and archaeologist-curator Jean-Francois Charnier formally charged for “complicity“ in having facilitated $50 million in acquisitions of illicit material by the Louvre Abu Dhabi, connected to investigations of suspect antiquities dealers Roben Dib (currently in French custody) and Germany-based dealer Serop Simonian.

As legal investigations usually take several years to unfold in France, Martinez and Charnier have been released under judicial supervision while a ruling of the examining chamber is expected in the new year, which some say, may see these preliminary charges dropped.

Dealers who behaved badly include Inigo Philbrick who received an 84 month prison sentence in May in connection with a multi-year scheme to defraud various collectors and business entities in order to finance his art business.

Eighty year old Raffaele Monticelli, a man considered by various Italian prosecutors to be one of the biggest middle-tier traffickers of archaeological finds in Europe, died in October.  Still active in smuggling illicit material out of Italy, he had only recently returned home to Taranto following the conclusion of a short prison sentence involving a looted helmet in circulation in the Netherlands. 

Also in the Netherlands, the Dutch appeals court confirmed the 8 year prison sentence in July for 59 year old Nils Menara, a professional burglar known on the street as 'Gauwtje' for his role in the thefts of two paintings, The Parsonage Garden at Nuenen in Spring (1884), by Vincent van Gogh, and Two Laughing Boys with a Mug of Beer by Frans Hals.  The two paintings, worth $20 million are still missing. 

In France, the 33rd criminal chamber of the Paris Judicial Tribunal held a decision in October in a case where Egypt requested the restitution of Egyptian antiquities within a criminal proceeding against Didier Wormser, who was accused of dealing stolen cultural property from the Saqqara necropolis. The director of the Star of Ishtar gallery, was given a three-year suspended prison sentence. 

In India, November saw disgraced antiques dealer Subhash Kapoor convicted of burglary and the illegal export of 19 antique idols during his first completed trial to date, held in the town of Kumbakonam in the Indian state of Tamil Nadu.   With more court cases to follow, Kapoor was handed a 10-Year jail sentence for this first conviction.  The judge also imposed sentences on Kapoor's accomplices: Sanjivi Asokan, Marichamy, Packiya Kumar, Sri Ram alias Ulagu and Parthiban. 

In happier news, the last month of the 2022, marked the month where German police successfully recovered 31 of the priceless 18th-century jewellery pieces stolen from  the Royal Palace that houses the historic Green Vault (Gruenes Gewoelbe) in Dresden in 2019.   

Let's hope 2023 is a year of recoveries, more successful prosecutions and an end to conflicts. 

• -immediately provide information about the state of museum collection in the Ukrainian House to the public;
• -create the interdepartmental commission with the representatives of the Ministry of Culture of Ukraine, Department of Culture KCSA, museum representatives, Ukrainian National Committee of ІCOM and the Ukrainian Center for Museum Development to monitor the situation and revision of presence of the collection of the Museum of Kyiv History in the Ukrainian House, and involve members of the Commission to investigate the incident with the Museum of Kyiv History, which occurred in the Ukrainian House over the last few months.

Due to the aggravation of conflict on 18th-20th of February 2014 with the use of a weapon, museums and sites of cultural heritage are jeopardized in Kyiv and other cities of Ukraine.

Ukraine House after 1/26 standoff between police and protesters