Illicit excavation/fouille illicite
13 Archaeological Objects – Italy and Boston Museum of Fine Arts
Between 1971 and 1999, the Boston Museum of Fine Arts acquired a number of ancient archaeological objects. Italy suspected that such antiquities had been excavated clandestinely in Italian territory and illegally exported.
14 Archaeological Objects – Italy and Cleveland Museum of Art
On 19 November 2008, the Italian Ministry for Cultural Assets and Activities and the Cleveland Museum of Art signed an agreement concerning 14 archaeological objects in the museum’s collection. This agreement provides for the return to Italy of the artworks in exchange for loans of “a similar number of works of equal aesthetic and historical significance”.
15 Archaeological Objects – Italy and Princeton University Art Museum
The Italian Government and the Princeton University Art Museum signed an agreement on 30 October 2007 that resolved the question of ownership of 15 archaeological objects in the Museum’s collection. This accord was the culmination of negotiations that were initiated by the Italian Ministry of Cultural Heritage and Activities following the discovery of substantial evidence demonstrating the illicit provenance of the requested antiquities.
25 Objets d’art précolombien – Lempertz c. Etat de Rhénanie-du-Nord-Westphalie
La maison de vente aux enchères Lempertz met en vente des objets d’art précolombien. A la demande du Mexique, qui estime que 25 de ces biens appartiennent à son patrimoine culturel, l’Etat de Rhénanie-du-Nord Westphalie rend une ordonnance de saisie conservatoire en vue du retour de 25 biens au Mexique. Saisis par Lempertz, les tribunaux allemands jugent que faute d’effet rétroactif de la Convention UNESCO de 1970 et de sa loi allemande d’application, les conditions pour un retour ne sont pas réunies. Les objets sont transférés à leurs acquéreurs.
89 Moche Archaeological Objects – Peru v. Johnson
After the discovery of the Moche site of Sipán (Peru) in the mid-eighties, many archaeological objects were looted and smuggled out of the country. In 1987, a smuggler who had been involved in the exportation of these objects to the United States contacted United States Customs agents and led to the eventual seizure of 89 Moche artifacts from Benjamin Johnson, a private collector. The government of Peru sued to retrieve the artifacts from Johnson. Peru’s claim was unsuccessful and the 89 archaeological objects remained in Johnson’s possession.
3000 Archeological Objects – China and Two British Dealers
On 10 February 1998, the Chinese government and two British dealers signed an out-of-court agreement that resolved the question of ownership of over 3000 archaeological objects. Most probably these were transferred to the United Kingdom through illegal excavation and trafficking.
Aidonia Treasure – Greece and Ward Gallery
A collection of golden Mycenaean jewellery (the Aidonia Treasure) was acquired by the Ward Gallery of New York in early 1993. Before proceeding with the purchase the Gallery made enquiries in various Mediterranean States, including Greece, to find out whether the treasure was stolen. Greece responded in the negative, but it later sued the Gallery seeking restitution.
Ancient Coins – Ancient Coin Collectors Guild v. United States
In an attempt to challenge import regulations in force in the United States (US), the Ancient Coin Collectors Guild (ACCG) imported into the US 23 ancient coins, which were seized by customs officials. The case was litigated from 2007 to 2019, with courts consistently deciding in favour of the US Government and the import restrictions remaining in place.
Bélier Malien – France, Jacques Chirac et Mali
En novembre 1996, le Président de la République Française Jacques Chirac reçoit en cadeau un quadrupède en terre cuite aux formes massives et stylisées. L’objet, qui provenait d’un site pillé au Mali, sera restitué sous forme de don après négociations en janvier 1998.
Elmali Hoard – Turkey and OKS Partners
In 1999, OKS Partners, a consortium comprised of, among others, the American businessman William Koch, returned to Turkey nearly 1700 ancient coins. The coins were part of the Elmali Hoard, a precious and rare collection of ancient coins, also called the “Hoard of the Century,” that had been illegally excavated and smuggled out of Turkey in 1984.
Euphronios Krater and Other Archaeological Objects – Italy and Metropolitan Museum of Art
In February 2006, the Italian Ministry for Cultural Heritage and Activities and the Metropolitan Museum of Art (MET) of New York entered into a landmark agreement with which the ownership title to the Euphronios Krater and other archaeological artefacts was transferred to the Italian Government.
Great Zimbabwe Bird – Zimbabwe and Prussia Cultural Heritage Foundation, Germany
The lower half of a stone bird discovered in Zimbabwe under dubious circumstances was bought by the Museum für Völkerkunde in Berlin around 1907. During the Second World War, the stone was removed by the Russian Army. After the fall of the Soviet Union, it was returned to the Museum für Völkerkunde in Berlin. In 2000, the Prussian Cultural Heritage Foundation – which managed the collection of this museum – under the pressure of the German federal government finally returned the fragment of the stone bird to Zimbabwe under the terms of a permanent loan.
Icklingham Bronzes – John Browning and Leon Levy and Shelby White
A group of antiquities known as the “Icklingham Bronzes” were illicitly excavated from the farm of John Browning sometime in the early 1980s. By 1989 they were on sale in New York. John Browning formally demanded the restitution of the Bronzes from Leon Levy and Shelby White, the good faith purchasers, but the request was rejected.
Jiroft Collection – Iran v. Barakat Galleries
The Government of the Islamic Republic of Iran sued the London-based Barakat Galleries seeking the restitution of a collection of eighteen carved jars, bowls and cups which had been illicitly excavated in the Jiroft region, in Southeast Iran, and subsequently exported abroad. The Court of Appeal, overruling the trial court decision, held that the relevant laws of Iran were sufficiently clear to vest ownership title and an immediate right of possession of the relics in the Iranian State.
Lydian Hoard – Turkey and Metropolitan Museum of Art
The Lydian Hoard is a sixth-century B.C. collection of gold and silver objects which was clandestinely excavated in Turkey in the 1960s. It was purchased by the Metropolitan Museum of Art (MET) of New York. A formal demand for its return was made by Turkey in 1986.
Morgantina Goddess Statue – Italy and J. Paul Getty Museum
An ancient statue of a goddess, which was likely illegally excavated in the late 1970s in Italy, was purchased by the J. Paul Getty Museum in 1988 for a record-setting US$18 million. That same year, Italian authorities began an investigation at the conclusion of which the Getty Museum agreed to consider returning the statue to Italy.
Murals of Teotihuacán – Fine Arts Museums of San Francisco and National Institute of Anthropology and History
In 1978, the Fine Arts Museums of San Francisco became the owner of a number of murals from the world-famous Aztec site of Teotihuacán (Mexico). The Mexican Government failed in its attempts to obtain the return of these wall paintings through a court action in the United States.
Orpheus Mosaic – Turkey and Dallas Museum of Art
In December 2012, the Dallas Museum of Art returned to Turkey a fragment of a Roman mosaic. In addition, the parties concluded a comprehensive art exchange program.
Sarcophage romain – I. SA c. Ordonnance de restitution et Turquie
Fin 2010, lors d’un contrôle d’inventaire aux Ports francs de Genève, l’Administration fédérale des douanes découvre un exceptionnel sarcophage romain représentant les douze travaux d’Hercule. Suspicieuse, l’Administration séquestre le bien. La Turquie se constitue comme partie plaignante dans la procédure pénale ouverte à Genève, se déclarant légitime propriétaire du sarcophage. En 2015, le Ministère public genevois ordonne la restitution de l’objet à la Turquie. Le détenteur du sarcophage recourt en vain devant la Cour de Justice puis au Tribunal fédéral, avant de se rétracter. L’objet doit donc être restitué à la Turquie, mais personne n’a été condamné
Sevso Treasure – Lebanon et al. v. Marquess of Northampton
The Sevso Treasure was consigned at Sotheby’s by the Marquess of Northampton in 1989. Sotheby’s released a press statement which said that the treasure would not be sold until all claims against it had been dealt with. Hungary bought seven pieces of the treasure in 2014, and a further seven pieces in 2017.
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