This is not as radical or as unusual as it may seem. It is now extremely difficult to form a first-rate collection of old master paintings, because most of the masterpieces are already in museums and the supply is drying up. The same is beginning to be true of first-rate impressionist paintings, more and more of which are locked away in museums. The experience of artworks looted by the Nazis also throws into relief the problem with looted antiquities. All the major auction houses now routinely screen
their sales for paintings that have gaps in their provenance. Provenance is a major headache in the world of painting, and the salesrooms have dealt with itâor tried toâby extending their legal departments. They have taken the legal, administrative, and financial burden on the chinâbecause of the moral issues raised by the Holocaust. These are just some of the ways the art world, and the art market, are changing. Antiquities is not the only field facing difficult problems.
Therefore, change in regard to collecting antiquities is in the air. That said, we believe that the following specific measures are now necessary as a result of the great damage done to Italian heritage as disclosed in this book. By way of conclusion, we now argue that:
⢠The world's major auction housesâBonhams, Christie's, and Sotheby's in particularâshould cease selling unprovenanced antiquities. And let us be clear what “unprovenanced” means. These salesrooms should not sell antiquities whose whereabouts
since they were scientifically excavated by reputable archaeologists are not known and properly recorded.
It is no longer acceptable, as the salesrooms have recently begun to do in their catalogs, to say under “Provenance” that this or that antiquity “belonged to the vendor's mother” or that it “was acquired during World War II by an uncle who was an RAF pilot.” This is emphatically
not
what archaeologists mean by “provenance,” and the auction houses know it. Indeed, this sort of statement makes a mockery of what we now know to be the prevailing scenarioâroughly speaking, 80â90 percent of antiquities on the open market are loot. The burden of proof should now be on the vendor to prove that the objects being put up for sale are legitimate, as it is with vendors selling paintings that have gaps in their provenance between 1933 and 1945. Vinnie Nørskov's research in this field shows that Christie's and Sotheby's account for 70 percent of the open market in antiquities (though Bonhams is catching up), and it is up to them to take a lead in this matter. Statutory Instrument 1519 marks a start in this area.
In relation to auction houses, we mention one last piece of research, a paper given at a conference on the trade in illicit antiquities at Cambridge University, England, in 2001, by Elizabeth Gilgan of Boston University's Archaeology Department. She looked at sixty-six Sotheby's
sales of pre-Columbian material in the years either side of 1991, when the government of Guatemala requested an emergency import ban on antiquities from the Petén region of the country into the United States. Until that point, Sotheby's had regularly sold antiquities with a “Petén” provenance, but after that date, sales dropped precipitately. This is what you might expect. However, in parallel with this change, Sotheby's sales saw another one, going in the opposite direction. Antiquities with a “Lowland” provenance (“Lowland” meaning Mayan Lowland, culturally very similar to Petén but wider and less specific, stretching into Mexico, Honduras, and El Salvador), which had been far fewer in Sotheby's sales, suddenly mushroomed, and in effect took the place of Petén objects. Was this another case of “drifting” provenance, and did Sotheby's really not know what was going on? It is time for the auction houses to turn from poacher into gamekeeper.
⢠The world's museums should not acquireâeither permanently or on loanâor display, in any form whatsoever, antiquities whose whereabouts since they were scientifically excavated by reputable archaeologists are not known and properly recorded. At the same time, to help the museums of the New World exhibit some of the wonderful examples of Old World art, we urge the “archaeological countries,” as John Walsh called them, to help with long-term loans of their most important and significant antiquities. Anna Maria Moretti, director of the Villa Giulia and today superintendent of archaeology for the Lazio region, has hinted to us that Italy, for one, is prepared to do exactly this. In a recent statement, the Italian Fine Arts Minister, Francesco Rutelli, has spoken of the possibility of long-term loans or exchanges, but only with museums that will “cooperate.”
⢠Museums should not accept private collections at face value. We now know that just because an antiquity has been in a “named” collection, this does not make it legitimate. On the contrary, the evidence shows that without exception, modern collections of antiquitiesâthose formed since World War IIâare made up almost entirely of loot. By refusing to accept such collections, museums will be doing an invaluable service to archaeology and to the heritage of ancient civilizations. The
long-standing informal policy of “Don't ask, don't tell,” of turning a blind eye to the ugly reality underlying unprovenanced antiquities, must end. A clever loan policy by the archaeological countries would help soften the blow.
⢠Museums should publish full details of how they acquired the objects they do acquire. “Commercial secrecy,” we can now see, is in this area too often a smoke screen for unacceptable practices. If dealers want to sell to museums, they should be prepared to have their involvement known. Only in this way can we be certain that acquisitions are above board.
⢠Although its laws have changed recently, Switzerlandârather than being treated as a place from which antiquities may be legally importedâshould be treated with the greatest suspicion. Antiquities that have passed through Switzerland, especially through its Freeports, and have no other scientific provenance, should be looked upon as loot and treated accordingly.
⢠Italy has recently begun enforcing its laws regarding antiquities looting and smuggling, after a period when its attitude was more lax. (Conforti, remember, was appointed in 1990 to beef up the Carabinieri Art Squad.) Though welcome, the country might have less of a problem if its 1939 law were modernized and brought more into line with, say, Britain's. In the United Kingdom, if someone finds an archaeological object on his or her land, he or she must offer it first to the state, but the stateâif it wants the pieceâmust pay a commercial price. The United Kingdom is not as archaeologically rich as Italy, but the law does seem to make looting and smuggling less attractive.
The case of Giacomo Medici proves the validity of Chippindale's Law. The antiquities underworld is far more organized, far more venal, far more deceitful, involves far more money, does far more damage, concerns many more objects, and corrupts far more peopleâand far more “respectable,” “professional” peopleâthan anyone ever imagined. Bluntly, the situation is much worse than has been envisaged. Yet the world's museumsâmany
of them rogues until nowâhave it in their power to curtail this unfortunate trade. The fact is that, until now, and as this book has shown, the world's rogue museums have been the real looters. It is the demand for ancient objects that begins with them, that induces collectors to acquire objects they can subsequently donate to museums, either for social advancement or for tax breaks.
Copies of this book are being sent to all the trustees of the world's museums that have dealt in these items. They are perfectly placed to clean up this regrettable business and to staunch the enormous drain of beautiful and important objects out of Italy and elsewhere.
EPILOGUE ON FIFTH AVENUE
IN NOVEMBER 2005, Philippe de Montebello, the director of the Metropolitan Museum in New York, traveled to Rome and met with Giuseppe Proietti, an official of the Italian Ministry of Culture, to discuss the issue of the Euphronios krater and the other objects in his museum that, based on the Medici investigation, the Italians claimed had been looted. After several hours of talks, a prospective agreement was outlined, under which ownership of the objects would pass to the Italian government, but the objects themselves would either remain on display in the Met or be replaced by equally important pieces. The plan had to be approved by the Italian government and the trustees of the museum, and Mr. de Montebello at first said that he found the evidence provided by the Italians “inconclusive.” Not long after, however, he changed his tune. On February 2, 2006, the Metropolitan dramatically announced that it would “relinquish ownership” of the vase to the Italian government. More than that, in documents delivered in Rome by the museum's lawyers, the Met pledged to return the Euphronios vase plus another nineteen disputed antiquitiesâincluding fifteen pieces of the Morgantina silver and four other ancient vases. The Met also proposed that it keep some of the material on display at least until 2008, after its new antiquities galleries open in Spring 2007.
De Montebello said that the exact timetable of return had not been agreed but that a resolution did not appear far off. He had first said that the museum would consider returning objects only if the Italians could provide “incontrovertible” evidence that the antiquities were illegally taken from the country. Later he conceded that the standard of evidence he had demanded was unrealistic. “I am not a lawyer,” he was quoted as saying, “and the word âincontrovertible' that I used . . . it has been brought to my attention that even in murder cases it is not used.” He added that the evidence sent by the Italians in the weeks between the two announcements had satisfied him that there was a “substantial or highly probable” chance that objects were illegally removed. The museum's spokesman, Harold
Holzer, went further. “We have been congratulated on this virtuous act,” he said, adding that the museum had decided to move ahead after being confronted with “irrefutable evidence.” This evidence, we have been told, included a copy of Hecht's memoir with its two versions of how the Euphronios krater reached the Met. At more or less the same time, Barbara Fleischman resigned from her position as a trustee of the Getty Museum. No reason was given.
All of this is, of course, excellent news for Ferri, Conforti, and the rest of their team. The years of work have been vindicatedâand in some style. Quite where these latest developments leave Marion True and Robert Hecht, legally and morally, is much less clear. Their trial in Rome is far from ending, and yet the Getty, the Metropolitan, and the Museum of Fine Arts in Bostonâwell ahead of any verdictâare returning objects, acquired via True and Hecht, irrespective of the court's decision.
In a sense, these actionsâan apparent total climb-down by once-proud institutionsârenders the True and Hecht verdicts almost a footnote. The Italians have already convicted the central driving force in the conspiracyâMediciâand he has been sentenced to ten years in jail, although his definitive appeal is still to be heard. Notwithstanding this, various types of archaeological material handled by Medici, Hecht, Becchina, and True have been returned to Italy from America in the past few monthsâall of it very important. Ferri and Conforti (and Pellegrini, Rizzo, Bartoloni, and the others) have therefore won the argument and the worlds of archaeology, cultural heritage, antiquities collecting, and antiquities trading will never be the same again. There is no going back to the bad old ways now, not so far as museums and would-be reputable collectors of classical antiquities are concerned. The auction market and the trade in New York, London, Paris, Munich, and Switzerland cannot but be affected.
But, despite this positive outcome, there are still some outstanding issuesâand they all concern that institution on Fifth Avenue in Manhattan where this great chain of events began.
The first arises from the Metropolitan's claim that, in the negotiations, the Italians will accept that the museum acquired the various artifacts “in
good faith.” Now that so much important material is being returned to Italy, the authorities thereâin a spirit of reconciliation and the desire for a quiet lifeâmight accept this condition. But the rest of us should be in no doubt that such a contention is manifest nonsense. Harold Holzer may claim that he and his colleagues have been congratulated for a “virtuous act,” but the facts are that the Metropolitan has hardly behaved well over the past three decades and is now trying to ease out of its responsibilities.