After a four and a half year stalemate in an international custody battle between a collector and the Turkish government, a marble statue representing the Anatolian goddess Cybele is finally flying home. 

Just before the start of the first intifada collector Eliezer Levin purchased the Cybele sculpture on 3 November 1987 during a public auction held by Matsa Co. Ltd (“Matsa”), run by the Archeological Center in Old Jaffa and its head, antiquities dealer Robert Deutsch.  Founded in 1979, the center on Mazal Dagim street was established by Deutsch to conduct auctions of archaeological material and other activities.

The provenance listed in the Matsa/Deutsch auction catalogue for the Cybele states that the artefact is: 

Responsible for some of the material since the 1920s, the Manchester Museum, part of The University of Manchester, and the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) have announced the plans of formal restitution for 43 secret sacred and ceremonial objects to the Aranda people of Central Australia, Gangalidda Garawa peoples’ of people of the Gulf of Carpentaria, Nyamal people of the Pilbara, and the Yawuru people of Broome. Two formal handover ceremonies will take place handing over the objects at Manchester Museum in late November. 

The returns this Autumn mark the first repatriation from the United Kingdom for the Return of Cultural Heritage project being led by AIATSIS, which explores and facilitates the return of Aboriginal and Torres Strait Islander cultural heritage materials (objects, audio visual, and images) from overseas and follows a recent announcement of the restitution of 42 objects from the Illinois State Museum in the United States after 10 months of discussions.

Often labeled as returns based on the current ‘political correctness’ these restitutions show that museum management in key institutions are beginning to challenge the assumption that the indigenous voice is unimportant and have understood that addressing these concerns, within the museum context and is not merely a selling out on a western rationalist tradition originating in the "European Enlightenment" but instead a very public acknowledgement of the moral case for return by addressing a sense of dispossession by redefining rights of possession.

While the Manchester Museum's reparative justice should be seen as a small victory, one might also ask why it’s taken so long and why so many other museums see it as appropriate to hold such ethnographic items in their collections.     

Well Done Manchester for taking these long and arduous steps. This is how you lead the change. 

Image Credit: Rahul Nangare,  Indian Revenue Service Diplomat, First Secretary High Commission of India, London

On August 15, the High Commissioner of India in London accepted the return of two objects looted from India.  The first was a 1st Century BCE - 1st Century CE carved limestone railing, which experts believe may have possibly been stolen from the Buddhist complex at Vaddamānu in the south Indian state of Andhra Pradesh.  The second item, was a 17th century Indian bronze figure depicting the Krishna as Balakrishna, standing on a lotus base.  The Hindu deity is naked except for his jeweled ornaments, dancing with his right leg raised, holding a ball of butter in his right hand.  This statue is believed to have been taken from the area of Tamil Nadu, the Indian state located in the extreme south of the subcontinent.

Both objects were voluntarily relinquished by an unnamed collector said to have purchased the objects via an also unnamed individual, long implicated in illicit trafficking. This unnamed dealer is presumed to be Subhash Kapoor.

For the uninitiated, Vaddamānu in Andhra Pradesh’s Guntur district might not ring any bells.  But for S. Vijay Kumar, a Singapore-based Indian trafficking expert and co-founder of the India Pride Project, the area is of considerable historic importance and one subject to looting.  ARCA has also noted that excavations in the area have yielded railing pillars, carved in limestone ('Palnad marble), similar to the one that has just been restituted.  One example of such is pictured here. These objects, along with cross-bars, copings, and other architectural elements were used in ancient Vihara and Stupa, some which date as far back as the Mauryan Empire (322 BCE - 185 BCE).  At Buddhist sites such as these, carved stone railings, sometimes square in plan, but more often circular, were used to define the confines of religious sites and could also have been used as decoration to delineate an external processional path.

Both of these recently restituted pieces came to the attention of U.S. Homeland Security Investigations (HSI) when the London-based collector who possessed them contacted the agency wanting to voluntarily surrender the objects to their rightful home.  The pieces are believed to have been purchased the objects via Subhash Kapoor, a disgraced ancient art dealer arrested in Europe and later extradited.  Kapoor is currently in Indian custody in the high security block of Tiruchirapalli Central Prison in the South Indian state of Tamil Nadu.  There he awaits trial on criminal cases for illegally exporting idols and artefacts from plundered temples.

On 08 July 2019, the Manhattan District Attorney's office followed suit with the Indian government and filed their own formal criminal charges against Kapoor and seven other co-conspirators.  In the court's documentation,  the well organized smuggling ring is believed to have smuggled $145 USD million worth of objects out of India and in to market countries in an operation believed to have lasted for as long as thirty years. Arrest warrants have been issued for all eight defendants on a total of 213 Counts, ranging from grand larceny to criminal possession of stolen property.  


Subhash Kapoor himself is listed in a total of 86 Counts in the recent New York charging document.  His charges include Grand Larceny in the First Degree (1 Count), Criminal Possession of Stolen Property in the First Degree (16 Counts), Grand Larceny in the Second Degree (13 Counts), Criminal Possession of Stolen Property in the Second Degree (50 Counts), Grand Larceny in the Third Degree (1 Count) Criminal Possession of Stolen Property in the Third Degree (3 Counts), Conspiracy in the Fourth Degree (1 Count) and one Count of Scheme and Defraud in the First Degree.

Before Kapoor's arrest on 30 October 2011 at Frankfurt International Airport for the charges he faces in India and his subsequent extradition from Germany to India on 14 July 2012, the influential dealer was widely feted in New York art circles.  In connection with his business, he maintained contacts around the globe, in Afghanistan, Cambodia, Bangkok, Bangladesh, Dubai, Hong Kong, India, Indonesia, and Pakistan, with several of his associates implicated in shipping and selling stolen objects supplied with fake provenance to hide their illicit origin. At the height of his operation, Kapoor personally visited Tamil Nadu frequently which underscores the intimacy of the collector-dealer-smuggler-looter network as it relates to these cases.

Reflective of and similar to the recent restitution, Kapoor's name has already been tied to looted antiquities from Andhra Pradesh, the zone where the limestone railing returned via the UK originates from.  In 2016, a 3rd century CE stone panel, illegally exported from India, originating from the Satavahana-era Buddhist Complex of Chandavaram. was also returned to India by the National Gallery of Australia.  In that instance, the museum stated that it had been duped into purchasing the carving from Kapoor’s Art of the Past gallery for $595,000 USD in 2005 after the dealer provided themuseum with falsified provenance documentation indicating that the object had left the country of origin before the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.  That object was later clearly identified as having been stolen from the Chandavaram site museum in 2001.

Terracotta Rattle in the form of a Yaksha  Metropolitan Museum Accession Number: 1990.309

Likely as a result of the increased pressure by grassroots organizations such as India Pride Project and law enforcement and prosecutors pressing formal charges against actors in the US, UK and India, two museums in the United States are finally taking action in evaluating the ethics of retaining prized antiquities within their collections, which are likely tied to Kapoor's illegal activities. According to an article in the New York Times, the Metropolitan Museum of Art, has at least 15 antiquities known to be directly or indirectly associated with Subhash Kapoor which have been acquired after 1990.

The first, the terracotta rattle pictured at left in the form of yakshas (male nature spirit), dates to the 1st Century BCE Shunga period, comes from the archaeological site of Chandraketugarh in the Indian state of West Bengal. It is documented in the Met's collection with no other provenance aside from a passing mention that it was purchased from Kapoor's now shuttered Madison Avenue gallery, Art of the Past.

At the time of Kapoor's arrest in Europe, the Met's management and curatorial staff showed little interest whatsoever in reviewing the legitimacy of the Kapoor linked pieces within their collection.  This despite the spartan provenance which accompanied many of his objects and the fact that it has been proven in other instances that the network falsified provenance documentation.

Now, perhaps in hindsight, and in the wake of recent embarrassing seizures, including an Egyptian mummiform coffin, inscribed in the name of Nedjemankh, an Italian Bell-Krater by Python and a Lebanese marble head of a bull it seems that the Met has finally decided it might be prudent to rethink its stance on some of its art acquisitions from India.

Image Credit:  S. Vijay Kumar Via Twitter 8 February 2019

Likewise on 20 August 2019 it was finally announced that the Los Angeles County Museum of Art had come round to deaccessioning its own contested Buddha.  First identified by India Pride Project in February 2018 and related to the same theft as the restituted Nalanda Buddha identified at Maastricht's TEFAF in 2018, LACMA had, until recently, resisted acknowledging that the bronze in their collection was stolen 58 years ago.  This despite the fact that the bronze was matched via an image India Pride Project had obtained of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India in 1961.  Despite this overwhelming evidence, it took almost a year and a half of pressuring the museum,  pursuing India’s claim, for LACMA to decide to deaccession the stolen bonze.

All too often, even when faced with proof of illicit origin, museums weigh the rarity or price of their acquisition above the ethical responsibility of voluntarily restituting objects found to have passed through the illicit market.  When they do, they overlook the cumulative cultural cost of lost art to poorer and more vulnerable source countries such as, in this case, India.  It is critical to remember that each and every object stolen or looted, whether or not the statute of limitations has expired, presents a loss to the source nation's cultural patrimony, and when there are many objects plundered, as can be seen within this one trafficking network, each of these losses has a cumulative negative effect.

Those working in the black market bank of the fact that many sculptures stolen from small villages are less likely to be reported to the police, and if they are reported, that not much is achieved because little documentation is made outlining the details surrounding the theft or the object itself making it difficult to determine the actors involved.  Thankfully illicit antiquities researchers, and now more often key prosecutors, like those in New York, are willing to consider the evidence collected by diligent researchers and scholars, as well as reviewing the historic records of civil servants, even retired ones, in order to access overlooked details like old photographs and museum records which can sometimes help determine in determining if the provenance provided to contested pieces is fact or fiction.

By:  Lynda Albertson

Stolen 80 years ago, a section of an Achaemenid-era (550-330 BC) bas-relief, once part of a long line of rock-carved soldiers displayed and then stolen from the Montreal Museum of Fine Arts (MMFA) and later recovered 2000 miles away in Edmonton, Canada has been put on temporary exhibition, touring at the  Mashhad’s Khorasan Great Museum, northeast Iran. 

Patron views relief during an unveiling ceremony held at the Khorasan Grand Museum on Monday, December 24, 2018 Image Credit: Iranian Student News Association

The limestone sculpture, from the UNESCO-registered site of Persepolis in southern Iran, was recently restituted to Iranian officials by the District Attorney of New York County in September, 2018.

Relief takes centerstage at the Khorasan Grand Museum Image Credit: Iranian Student News Association

In a formal ceremony on Thursday the 11th of October at the Villa Wolkonsky, the official residence of the British ambassador to Italy in Rome, UK authorities returned two Etruscan artifacts recovered by the Metropolitan Police in consultation with Italy's Comando Carabinieri per la Tutela del Patrimonio Culturale.  Both objects had been located within the vibrant London antiquities market.  

The bronze Etruscan statuette of Lares had been stolen from the Museo Archeologico di Siena in 1988.  According to Detective Sergeant Rob Upham, on hand for the handover from New Scotland Yard's Art and Antiques Unit, the terracotta Etruscan askos (a flask with spout and handle shaped like a sphinx), had once passed through the inventory of a convicted Italian ancient art dealer.   Elaborating to the press Upham added that the seller of the object in the UK appeared to be in good faith and therefore was treated as a cooperating witness during the Metropolitan police investigation. 

To further the culture of legality in the field of protection of cultural heritage, and to highlight the UK's ongoing cooperation with their Italian counterparts, British Ambassador to Italy, Jill Morris CMG opened Villa Wolkonsky for the restitution ceremony highlighting the importance of recovery operations and welcoming experts from Italy and the UK in the fields of heritage protection and military cooperation.  Alongside the two restitutions Ambassador Morris and her staff arranged for an exhibition of stolen objects recovered by the Italy's art crime Carabinieri and an informative interactive display of many promising technological tools, made possible by advances in geophysics and remote sensing, which are now being used to assist in the protection of cultural heritage.  

Underpinning the event, was an afternoon heritage symposium titled  'UK-Italy: Partners for Culture' which served to underscore the embassy's commitment to the cultural partnerships established between Italy and the United Kingdom and which was facilitated through the combined efforts of the British Embassy in Rome, the British military, the British Council, the British School at Rome and the British Institute of Florence.   

Recovered objects presented in the exhibition highlighted several of the Carabinieri's significant recovery actions.  Three of which were:

A Violin made in 1567 by Cremonese violin maker Andrea Amati created to celebrate the investiture of King Charles IX of France.  The instrument was illegally exported from Italy in 2010 to the United States.

A folio from the 15th century Italian Missal of Ludovico da Romagnano, bishop of Turin, known as the San Lorenzo stolen more than 25 years ago from the Capitular Archive of the Archdiocese in Turin. This illuminated parchment had been illegally exported from Italy, where it was then acquired by an US antique book and map dealer during a shopping excursion in the UK and then resold to St. Petersburg collectors before coming to the attention of the Carabinieri during an exhibition held at the University of South Florida. 

A I-II century CE limestone Palmyrene funerary relief, plundered from a hypogeum located at the archaeological site of Palmyra in Syria.  This stele was recovered from of an individual in Turin following investigations by the Italian authorities into the illicit trafficking of archaeological assets from the Middle East.  

Each of the historic objects selected for Thursday's exhibition provided attendees with a narrative fulcrum of the pervasiveness and diversity of threats against heritage and the importance of preserving the delicate balance that exists between admiring and preserving the the past through connoisseurship and collecting and the loss of historical context when objects are stolen or looted.

On hand for the event, UK Minister for the Armed Forces, Mark Lancaster, announced that his country's Army-led Cultural Property Protection Unit (CPPU) has now been fully established as part of the UK Government’s implementation of the Hague Convention.  This instrument places obligations on signatory country's armed forces for the protection of cultural property from damage, destruction, and looting.  Minister Lancaster also reaffirmed the UK’s commitment to the Statement of Intent signed earlier this year which furthers defence and security cooperation between Italy and the United Kingdom on a wide range of security challenges.

Speaking on behalf of the Comando Carabinieri per la Tutela del Patrimonio Culturale, Brigadier General Fabrizio Parrulli highlighted the successes of his country's team since the founding of ‘Carabinieri’ Department for the Protection of Cultural Heritage in 1969.  Since its creation, the branch of the Italian Carabinieri responsible for combatting art and antiquities crimes has recovered more than 797,000 works of art and confiscated 1,096,747 archaeological finds.  The tenacious efforts of the unit's personnel in deterring the global clandestine market of antiquities, in collaboration with police, military forces and judicial authorities of others countries, serves as the gold standard military police model for addressing the far-reaching, multiform and pernicious problem of illicit trafficking and art theft, both nationally and transnationally. 

General Parrulli also emphasized Italy's ‘Unite4Heritage’ (Blue Helmets for culture) project, which was approved unanimously by UNESCO, as a division available and trained, to be used as needed both inside and outside Italy, for the protection of the cultural heritage in the event of natural disasters, armed conflicts or an international crisis at the request of the UN, UNESCO or State Parties.  Composed of 30 Carabinieri, a commander, and heritage experts (archaeologists, art historians, computer engineers and geologists) from the Ministry of Cultural Heritage and Activities, this team has been put in place to  support local police forces in their efforts to prevent looting, plundering and trafficking of historical and artistic heritage, as well as in the recovery and protection of these assets in times of crisis.

Seventy years after the British Army last had officers in the Monuments, Fine Arts and Archives sections during the Second World War and following the UK's ratification of the Hague Convention (1954), which makes it an obligation for the Armed Forces to have a military CPP unit, Lt. Col. Tim Purbrick OBE VR will be the first to lead the UK's newly formed Cultural Property Protection Unit.  During his presentation Lt. Col. Purbrick stated that his unit will consist of 15 trained experts, drawing from members of the Army, Navy, RAF, and Royal Marines as well as civilian experts, brought on board as Army reservists.  His team is expected to work closely with their Italian counterparts to advance the UK's own international military expertise within the sector of cultural property protection. 

ARCA also was invited to give a presentation at the symposium on the Association's contributions to the research academic examination of art crimes as a notable criminological area worthy of more profound study.   Speaking simply as a watchful observer to some of the problems existing within the licit art market, Lynda Albertson's presentation touched some of the impediments to successful prosecution of heritage crimes as they relate to the transnational movement of illicit  cultural objects.  

During her presentation Ms. Albertson highlighted the multijurisdictional movement of objects, as they transit from country of origin to country of purchase, discussing ARCA's initiatives in Italy and to providing training to heritage personnel in the Middle East as a way to assist in the tracking and identification of objects stolen from vulnerable source countries. 

Highlighting an insufficient number of law enforcement officers outside of Italy's formidable art squad, and the need for adequate funding to pay experts who presently monitor the market on a volunteer basis, Ms. Albertson also stressed the need for dedicated public prosecutors specializing in art and antiquities crimes and mandatory uniform reporting requirements for object provenance in the market as the market's opacity impedes the tracking stolen and looted objects and exacerbates the collective damage we all suffer when cultural goods are siphoned away through illegal exportation and trafficking. 

ARCA would like to thank Ambassador Morris for her kind invitation to participate and for her recognition of the value of culture in its own right and as a vector for Italy-UK cooperation. 

On June 9, 2017 forensic archaeologist Dr. Christos Tsirogiannis, wrote to ARCA and to the Art and Antiques Unit of London's Metropolitan Police (New Scotland Yard), INTERPOL and the Greek police Art Squad reporting that he had identified an Attic Marble Anthemion from a Grave Stele coming up for auction in Sotheby's June 12, 2017 London auction which he had traced to the archive of convicted Italian antiquities dealer Gianfranco Becchina. 

This accumulation of records was seized by Swiss and Italian authorities in 2002 during raids conducted on Becchina’s gallery, Palladion Antique Kunst, as well as two storage facilities inside the Basel Freeport, and another elsewhere in Switzerland.  The Becchina Archive consists of some 140 binders which contain more than 13,000 documents related to the antiquities dealer's business.  

These dealer records include shipping manifests, antiquarian dealer notes, invoices, pricing documents, and thousands of photographic images.  Many of which are not the slick art gallery salesroom photos, but rather, point and shoot Polaroids taken by looters and middlemen.  This latter type of image often depicts looted antiquities in their recently plundered state, some of which still bear soil and salt encrustations. 

In 2011 Becchina was convicted in Italy for his role in the illegal antiquities trade and while he later appealed this conviction, he is currently under investigation by Italy's Anti-Mafia Investigative Directorate (DIA) who moved to seize his cement trade business, Atlas Cements Ltd., his olive oil company, Olio Verde srl., Demetra srl., Becchina & Company srl., bank accounts, land, and real estate properties including Palazzo Pignatelli in November 2017. 

Looted antiquities traced to Becchina's trafficking network, like this attic marble anthemion, continue to surface in private collections, museums and some of the world's most prestigious auction firms specializing in ancient art and are frequently identified by Tsirogiannis, archaeologists working with Italy's Avvocatura dello Stato, the Italian Carabinieri and the Greek police. 

In his email, Tsirogiannis stated that he had identified the attic marble anthemion in three professional and two Polaroids images as well as in four separate documents found in the confiscated Becchina business records. The dealer's documentation indicated that the stele appeared to have been in Becchina's hands from 1977 until 1990, when it was then sold on to George Ortiz, a collector and heir to the South American Patiñho tin fortune who lived in Geneva and whose name has appeared with regularity on this blog tied to purchases of objects of illicit origin.   Ortiz's name has long been associated with this trafficking network as his was one of the names found on the network organigram found in Pasquale Camera's personal possessions.

Interestingly both Becchina and Ortiz were never mentioned in the 'Provenance' section given by Sotheby's.   During the sale, the object's collection history was listed simply as follows: 

PROVENANCE

John Hewett, Bog Farm, Kent, 1960s

New York art market, acquired from the above on November 3rd, 1980

American private collection

American family trust (Sotheby’s New York, December 10th, 2008, no. 28, illus.)

acquired by the present owner at the above sale

Possibly as a result of Tsirogiannis' identification, the 340 B.C.E. object (thankfully) failed to sell.  Eleven months later, in a May 7th 2018 issue of the Times, the newspaper reported that Sotheby's, not Tsirogiannis, had discovered that they had a false collecting history on the stele at which point "by way of a voluntary goodwill gesture" handed the stele over to the Metropolitan Police in London.  The Greek Embassy in London working with the Greek The Ministry of Culture authorities via the Directorate for the Documentation and Protection of Cultural Property, followed up with the legal claims necessary for restitution and on June 27th, 2018 Christos Tsirogiannis testified at the Greek consulate in London as to his findings. Subsequent to the above, the object was formally handed over on September 8, 2018.

After its return to Greece, yesterday, the column has been delivered to the Epigraphical Museum of Athens, Greece. 

Tomorrow, September 15, 2016 the United States Senate Judiciary Committee will vote, or not, on S.3155, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act.

This bill on looted cultural artifacts in the US was first introduced by Senator Orrin Hatch [R-Utah] and subsequently cosponsored by Sen. Dianne Feinstein [D-CA], Sen. John Cornyn [R-TX], Sen. Christopher Coons [D-DE], Sen. Mike Lee [R-UT], Sen. Charles Schumer [D-NY], Sen. Thom Tillis [R-NC], Sen. Richard Blumenthal [D-CT], Sen. Richard Durbin [D-IL], Sen. Al Franken [D-MN], Sen. Lindsey Graham [R-SC], Sen. Tom Udall [D-NM], and Sen. Amy Klobuchar [D-MN]. 

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act would amend the federal judicial code with respect to denial of a foreign state's sovereign immunity from the jurisdiction of U.S. or state courts in commercial activity cases where rights in property taken in violation of international law are an issue and that property, or any property exchanged for it, is: 

(1) present in the United States in connection with a commercial activity carried on by the foreign state in the United States, 

or (2) owned by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.

This bill would grant a foreign state or certain carriers immunity from federal or state court jurisdiction for any activity in the United States associated with a temporary exhibition or display of a work of art or other object of cultural significance if the work of art or other object of cultural significance is imported into the United States from any foreign country pursuant to an agreement for its temporary exhibition or display between a foreign state that is its owner or custodian and the United States or U.S. cultural or educational institutions; and

the President has determined that such work is culturally significant and its temporary exhibition or display is in the national interest.

If passed, this bill would grant many authoritarian regimes around the world the right to keep stolen art. Additionally the exception within the law for art stolen seized during World War II by the Nazi regime, has been narrowly interpreted, and if passed the bill would grant many of these looted works of art immunity from seizure. 

Ori Z. Soltes, Chair of the Holocaust Art Restitution Project ( “HARP”), expressed, through counsel, strong opposition to this bill via Lootedart.com, the central registry of information on looted cultural property from the period of 1933 to 1945. 

by Catherine Schofield Sezgin,
   ARCA Blog Editor-in-chief

Investigations in the cultural sector are very peculiar and often connected to larger criminal issues. In fact, art crimes are specific in term of legislations, the expedient used to remove or obscure the illegal provenance of a cultural good, and because the persons involved are much the same. Trafficking in cultural goods is also a phenomenon which often involves transnational organized groups, and these sort of offences seems forcing—at least in the most complex cases—a quite new concept of co-management of investigation and prosecution: the so-called prolonged coordination of law enforcements, the only ones able to entirely dismantle a criminal organization.

Paolo Giorgio Ferri is a former Italian State Prosecutor and recipient of the ARCA Award for Art Policing and Recovery.

Subscriptions to The Journal of Art Crime or individual copies of eEditions or printed issues may be obtained through ARCA's website here.

Critical to their return was Tess Davis, a U.S. art lawyer and affiliate researcher at the University of Glasgow, who stressed Cambodia had only won the first in a series of battles, in what could prove to be a protracted war over the return of looted art. “The kingdom has taken on the art market, an entire industry, and a powerful one at that,” Davis told The Diplomat. “Collectors, dealers, museums, auction houses, they have deep pockets and top lawyers on their side. But Cambodia has something even more important: the truth and the law. And that’s something no amount of money can buy.”

[...]

Davis, dubbed by some as ‘Indiana Jane,’ said the looting and trafficking of antiquities was a crime that would no longer be tolerated, “not by governments, not by law enforcement, and not by the leaders in the art world itself.” The thefts have also been seen as a symbol of Cambodia’s perennial problems, ranging from corruption to a culture of impunity among the country’s well-heeled and politically connected. Davis said Cambodia had given the art world a simple choice, “to do the right thing or not.” She said the Metropolitan Museum of Art in New York and Christie’s had stepped up and fulfilled their obligations, but others like the Cleveland Museum of Art and Sotheby’s have been more reluctant. “They are fighting with everything they have to stay in the past, a past where they could do whatever they wanted. They act like antiquated colonial relics, while their competitors have entered the 21st-century, and are thriving in it,” Davis said.

Photo credit to Tess Davis (Facebook)

by Catherine Sezgin, ARCA Blog Editor

"Statues 40 year reunion":  Laignee Barron & Vong Sukheng reported for The Phneom Penh Post:

Three of Cambodia’s ancient sandstone warriors were welcomed back to their birthplace yesterday, greeted by lotus wreathes and a troupe of traditional dancers adorned in gold. The ceremony marked the end of a 40-year absence for the Duryodhana, Bhima and Balarama statues. The mammoth, 10th-century characters all belong to the same tableau of mythological Hindu figures once locked in battle at Prasat Chen, a remote jungle temple in Preah Vihear. Over the past year, Cambodia has regained five of the nine statues pillaged from the temple’s Eastern entrance, haphazardly hacked from their pedestals and sold on to international art markets during the Khmer Rouge era. “Surviving civil wars, looting, smuggling and travelling the world, these three have now regained their freedom and returned home,” Deputy Prime Minister Sok An said during yesterday’s repatriation ceremony.

With the help of the U.S. government and UNESCO,Cambodia first got the ball rolling in 2012 when it filed a suit against the New York-based auction house Sotheby's after the institution put a statue known as "The Duryodhana" -- valued at about $3 million -- up for sale. Earlier this year, with the case still ongoing, Sotheby's agreed to return the statue. The mighty "Duryodhana" was one of the impressive pieces unveiled at Tuesday's ceremony, alongside statues known as the Bhima and Balarama, returned by the Norton Simon Museum of California and Christie's auction house, respectively. While legal action was originally taken against Sotheby's in the case of the "Duryodhana," Christie's returned its statue voluntarily after discovering it was looted. The Norton Simon Museum did the same. 

Tess Davis, an affiliate researcher at the University of Glasgow who specializes in cultural heritage law, said Tuesday, "It's a very exciting day, not just for Cambodia, but for all countries that have been plundered." "Cambodia's on the right side of history here," she added. 

Anne Lemaistre, head of Cambodia's UNESCO office, called the statues' return "a big coup" for Cambodia and said that it might act as an incentive for other museums and private collectors to return looted antiquities. "Now let's see what Cleveland would say," Lemaistre said, referring to the museum’s recent denial that the Angkor statue in its possession was looted. 

Buddhist majority Cambodia, which has a rich cultural heritage influenced by Indian traditions and Hindu legends, is famed for its temples, and the intricate engravings of graceful traditional dancers and mythological characters adorning their walls. Representatives from Christie's and the Norton Simon who attended the ceremony said they were delighted to have been able to help Cambodia recover some of its valuable cultural heritage. "These statues... were callously hacked... and trafficked on the international art market," Jeff Daigle, deputy chief of mission for the U.S. Embassy in Cambodia, said in a speech, expressing the U.S.’s commitment to stopping the illegal arts trade. "We must not forget that the commercial trade in illicit art remains," he added.

 In 2011, Ms. Davis wrote about the lack of provenance in auction catalogue for objects from Cambodia.

From the Denver Museum of Nature & Science via The New York Times: three totem poles (vigangos)

Tom Mashberg for The New York Times in "Sending Artworks Home but to Whom? Denver Museum to Return Totems to Kenyan Museum" (January 3, 2014) points out the difficulty American museums have in returning the East African memorial totems known as vigango:

Now, the Denver Museum of Nature and Science says it has devised a way to return the 30 vigango it received as donations in 1990 from two Hollywood collectors, the actor Gene Hackman and the film producer Art Linson. The approach, museum officials say, balances the institution’s need to safeguard its collection and meet its fiduciary duties to benefactors and the public with the growing imperative to give sanctified objects back to tribal people. 

“The process is often complicated, expensive and never straightforward,” said Chip Colwell-Chanthaphonh, the museum’s curator of anthropology. “But just because a museum is not legally required to return cultural property does not mean it lacks an ethical obligation to do so.” 

The museum this month will deliver its 30 vigango (pronounced vee-GON-go; the singular form is kigango) to the National Museums of Kenya. Officials there will choose whether to display the objects, hunt through the nation’s hinterlands for their true owners and original sites, or allow them to decay slowly and ceremoniously, as was intended by their consecrators. Whatever they opt to do, Kenyan officials say, sovereignty over the objects should be theirs and not in the hands of foreign museums. (The details of the transfer are still being negotiated.) 

Some 20 institutions in the United States own about 400 of the totems, according to Monica L. Udvardy, a professor of anthropology at the University of Kentucky and an expert on Kenyan culture who has studied and tracked vigango for 30 years. She said that Kenyans believe that vigango are invested with divine powers and should never have been removed from their sites and treated as global art commodities. Kenyan officials have made constant pleas to have the objects sent back.

But repatriating them takes far more than addressing a parcel. No federal or international laws prevent Americans from owning the totems, while Kenyan law does not forbid their sale. And the Kenyan government says that finding which village or family consecrated a specific kigango is arduous, given that many were taken more than 30 years ago and that agricultural smallholders in Kenya are often nomadic. 

A result is that museum trustees seeking legally to relinquish, or deaccession, their vigango have no rightful owners to hand them to.

The Mosaic of Orpheus on display in a  room at the Istanbul Arcaeological Museum. (Photo by C. Sezgin)

Side view of the Mosaic of Orpheus

CRITERIA FOR DEACCESSIONING: A request from the Turkish government for restitution, with compelling evidence, including photographs of the mosaic in situ, that the object was looted and/or illegally exported 

EVIDENCE: 

A. Two newly recovered in situ photos of the mosaic showing it being removed by the smugglers. The photographs also show the full work with its decorative borders intact, prior to it being removed from the ground. The photographs were printed by a local photo shop in Sanliurfa and are currently evidence in a criminal investigation being carried out by the Sanliurfa Head Prosecutor in order to identify everyone involved in the crime.

B. Expertise reports prepared by various scientists, art historians, and archaeologists offering comparisons to other mosaics from Edessa (modern city of Sanliurfa) and arguing that various stylistic and iconographic similarities prove it was smuggled from the region.

a. Assistant Professor Dr. Baris Salman, Ahi Evran University, Faculty of Art and Science, Department of Archaeology:

Mosaic close-up: Orpheus with his lyre

i. Stylistically and iconographically similar to other Edessa mosaics. Specifically, the inscription is similar both in style and content to other Edessa mosaics. The Syriac script used originated in Edessa. Other features typical of the area include the absence of depth, the light colors, and the expression and facial features. The date indicated in the inscription falls within the period of mosaic construction in Edessa.

b. Hakki Alhan, Archaeologist, and Taner Atalay, Analyst, Gaziantep Museum, Turkey:

i. Concluded that the composition style, animal figures, and especially the Syriac inscription have features of the Assyrian Kingdom, appearing in Sanliurfa precincts in the 3rd century A.D., and was smuggled from the region.

c. Eyüp Bucak, Archaeologist, and Hamza Güllüce, Archaeologist from the Sanliurfa Museum:

i. Was not one of the documented mosaics in the area, but concluded that the composition, the figures, and the tesserae’s dark lines reflect features of Assyrian mosaics appearing in the region during the 3rd century A.D.

d. L. Zoroglu, Selcuk University, Faculty of Science and Art, Department of Archaeology, Konya:

i. Compared it to another Edessa mosaic and concluded it was smuggled from the region because they both include Chaldean inscriptions indicating the date of the artifact, showing that they were created around the same time. It also has a common subject of the region.

e. Müslüm Ercan, Archaeologist, and Bülent Üçdag, Art Historian, Sanliurfa Museum:

i. Cites the Syriac inscription, the figure and his clothing, and the in situ photographs as evidence of being from Edessa. It was made by the same artist as another Edessa mosaic (name is included in the inscription) and have identified it as belonging to a rock tomb located in Kalkan District in Sanliurfa.

f. Assistant Professor Dr. Mehmet TOP, Yusuneu Yil University, Faculty of Arts, Department of Art History:

i. Concluded that the mosaic is an artifact from Sanliurfa based on the early Assyrian inscription and its similarity with the other Orpheus mosaic from Edessa.

Photo from Dallas Museum of Art