A stolen painting by Ivan Aivazovsky? This work is set to be auctioned in Russia in four days.

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).

The painting's accompanying documentation says very little about the painting's provenance.  Instead, the auction house provides a 2009 letter, signed by three individuals working at the Russian Museum for Scientific Work attesting to the artworks authenticity. 

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. 

The basis of this exhibition was said to be well-known and unfamiliar works completed by Aivazovsky from public and private collections.  A special section of the exhibition was dedicated to the theme “Aivazovsky - battle painter” - paintings depicting naval episodes of the Crimean War of 1853–1856. 

This painting's presence is documented in a February 2017 open source photo with a flash reflecting at the top, which was uploaded to the internet by Live Journal user andreyvadjra, as being one of the artworks on display for the exhibition.

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

Reclaimed Heritage: A Cambodian Buddha Goes Home

Seized by Swiss authorities in the Canton of Basel 10 years ago, this 18th or19th century (Khmer empire) Buddha, seated in vajraparyankasana, with the proper right hand touching the earth in bhumisparsha mudra, at the moment of his enlightenment, is finally on his way home.  

Originally Swiss experts believe the sculpture dated back to the pre-Angkor or early Angkor Periods and is was assumed to be over 1,000 years old. However, according to a first-step assessment by experts from the Ministry of Culture and Fine Arts (MCFA), based on form and style, the sculpture is believed to be of the later period. 

Representing Cambodia ata ceremony held on 6 February 2024, His Excellency Mr. H.E. Dara, Cambodia's Ambassador to Switzerland and Permanent Representative to the United Nations and International Organizations in Geneva received the enlightened Buddha in a handover between both countries coordinated by Fabienne Baraga, Head of the Specialist Department for International Cultural Heritage Transfer, at the Federal Office of Culture and Anna Mattei Russo, Head of Southeast Asia and Pacific Regional Coordinators of the Swiss Foreign Ministry. 

Ambassador In Dara expressed gratitude to the Swiss government and emphasised Cambodia's ongoing efforts to repatriate other significant cultural properties. He called upon museums, institutions, and curators holding Khmer antiquities to voluntarily return them to Cambodia, framing such actions as gestures of generosity and respect for cultural values.

Fabienne Baraga, Head of Specialist Division on International Cultural Property Transfer of the Federal Office of Culture of the Ministry of the Interior of Switzerland, also reiterated the commitment of the Swiss government to prevent illegal trade and trade of cultural assets and for the preservation of human cultural heritage told the individuals on hand that this return is not just the return of valuables to their birthplace, but also serve as a symbol of the spirit of unity and respect between the two states. 

As a source country, Cambodia's cultural heritage has suffered significant losses due to looting, particularlyas an outcome of periods of civil conflict, political instability, and poverty. The widespread looting of archaeological sites and temples, such as those at Angkor Wat, Preah Vihear, and Banteay Chhmar has resulted in the illicit trafficking of countless artefacts out of the country. 

These artifacts, ranging from ancient sculptures to intricate carvings, represent key aspects of Cambodia's history, religion, and artistic achievement. The illegal trade in Cambodia's cultural heritage not only deprives its people of its rightful treasures but also erases vital connections to its past for future generations. 

Efforts to combat looting and repatriate stolen artefacts from the country are ongoing, but the scale of the problem underscores the urgent need for international cooperation and collective action to safeguard Cambodia's cultural legacy.

The Ongoing Struggle Against Illicit Cultural Item Smuggling from Ukraine

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. 

On February 3rd, a Ukrainian citizen's vehicle, entering the customs control zone at the Porubne-Siret checkpoint exiting the country for Romania opted for the "green corridor," lane.  This exit point is reserved for individuals who are not transporting items which require declaration.

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.

Customs authorities documented a breach of customs regulations in accordance with Article 483, Part 1, of the Customs Code of Ukraine. They then forwarded a notification outlining the unlawful activity, which displayed indications of a criminal offense, to the appropriate law enforcement agency.  A total of 124 archaeological objects were confiscated during the interception.

   

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.