Further coverage of the rejection by the European Court of Human Rights of the first case brought there for the return of the Parthenon Marbles

The ECtHR might have deemed one case for the return of the Parthenon Sculptures to be inadmissible, but this doesn’t mean that this is the end of legal battles to secure their return.

Read yesterday’s article for a more in depth understanding of the legal reasons and why these may just be a delay on the road to restitution, rather than a dead end.

The European Court of Human Rights Building in Strasbourg

From:
Greek Reporter

European Court of Human Rights Throws Out First Legal Bid to Return the Elgin Marbles to Greece
By Kerry Kolasa-Sikiaridi
Jul 20, 2016

It has been 200 years since Greece was robbed of its famous marble Parthenon sculptures, known around the world as the so-called “Elgin Marbles.”

Just when it seemed that these 2,500-year-old marbles might actually be returned to their home in Athens, the European Court of Human Rights has thrown out the first ever legal motion to force the UK to return the sculptures to Greece, brought about by the Athenians’ Association.
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Although one case may have been deemed inadmissible, this does not mean that Greece should give up legal action to secure return of the Marbles

I posted last week about the rejection of the case for the return of the Parthenon Marbles brought in the European Court of Human Rights by the Athenians’ Association. As I pointed out then, the inadmissibility was down to technical issues with the claim – not any sort of judgement on Greece’s right to ownership of the sculptures.

Since then, George Vardas from Australians for the Reunification of the Parthenon Sculptures has nwritten a much more detailed summary of the legal issues involved behind the inadmissibility.

The European Court of Human Rights Building in Strasbourg

From:
George Vardas (by Email)

The Parthenon Sculptures and the European Court of Human Rights
George Vardas

In a recent interview regarding the Parthenon Sculptures, the Director of the Acropolis Museum, Professor Dimitris Pandermalis, stated that “their return is a matter of cultural morality” and stressed that “there are human rights, but great monuments also have their own rights”. He was referring to the fundamental rights of integrity: “you cannot mutilate a great monument”.

So what do we make of the recent dismissal by the European Court of Human Rights of an application brought by an Athenian association alleging that the continued retention of the Elgin collection in the British Museum infringes certain provisions of the European Convention of Human Rights?
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While the case has been deemed inadmissible, no judgement has been made on the merits of the case

A few months ago, I wrote about & published an interview with Vasilis Sotiropoulos, the legal advisor to the Athenians’ association. At this stage, the Association was trying to bring a claim in the European Court of Human Rights over the return of the Parthenon Marbles.

Since then, the claim has been rejected as inadmissible, but this is largely down to technical issues. Part of the decision relates to the fact that the Athenians Association brought the claim as an organisation, but that the European Court hasn’t recognised that a legal entity in the form of an association/club can invoke a violation of its own human rights. On this basis, if such a claim was to be brought by the Greek state, then this reason for inadmissibility would no longer be valid.

I’m posting the Independent’s article first, followed by the Athenian Association’s response & the legal decision itself.

There are other issues, particularly one relating to timing, but none of them completely closes the door on this case – hopefully I will have time to make a longer post about this in the next few days.

Syllogos ton Athinaion logo

From:
Independent

First-ever legal bid for return of Elgin Marbles to Greece thrown out by European Court of Human Rights
Ian Johnston
19th July 2016

The first-ever legal bid to force the UK to return the Elgin Marbles to Greece has been thrown out by the European Court of Human Rights.

The court ruled that because the alleged theft of the sculptures from the 2,500-year-old Parthenon temple took place more than 150 years before the UK signed up to the human rights convention, it did not have the power to consider the lawsuit.
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Some weeks ago, I wrote about legal action being taken in the European Court of Human Rights by the Athenians’ Association, a private group of Greek citizens unconnected to the government.

Since then, I have been fortunate enough to conduct an in-depth interview with Vasilis Sotiropoulos, the Athenians’ Association Lawyer. In this interview, he helps to explain a bit more about the importance of the case to the Association, why it is important that action is taken now and some of the key issues on which the case is based.

Vasilis Sotiropoulos, Lawyer to the Athenians’ Association, standing in front of the Parthenon

First of all, can you tell me a bit more about your legal background?

As for my background, I studied law at Athens University and I hold a Master’s in public law. After working briefly for the European Data Protection Supervisor, I began practicing in my own office with a focus on new technologies, intellectual property and human rights. I currently serve as the elected Regional Ombudsman of the Attica Region.

I have never previously come across the Athenians’ Association. Have they always had an interest in the case of the Parthenon Marbles?

Our organisation was always talking about this topic, because it is one of the most famous legal debates of all time. As a human rights lawyer, I have always supported the idea that we Athenians should have our day in court with regard to the cultural dimension of the rights concerned. The cultural dimension of the case is a legal issue that goes beyond the sovereign rights of the Greek State.

As Plaintiffs, the people of Athens play an important part. We must bear in mind that there are families that have been living in Athens for hundreds of years. Having served as the first Ombudsman in Athens Municipality, I had the opportunity to forge relationships with citizens who are proud for their Athenian identity. In the core of these people’s soul, there is a strong demand for justice regarding the case of the Parthenon Marbles. The ancestors of some of these people were present when Elgin’s team committed this unpunished crime.

In the Greek branch of Transparency International, where I was legal advisor for some years, we used to follow a very simple definition of corruption. “Corruption is the abuse of power for personal gain”. This is exactly the case with Elgin’s removal of the Parthenon Sculptures. This is the reason why I gladly accepted the proposal to represent the Athenians’ Association before the European Court of Human Rights, although not a member of the Association myself.

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More coverage of the proposed legal case being pursued in the European Court of Human Rights by the Athenian Association.

Syllogos ton Athinaion logo

From:
Athens News Agency

Private citizens’ association sues Britain at European Court of Human Rights for Parthenon Marbles
18/ 02/ 2016
Last update: 14:05

A private citizen’s group called the “Athenians’ Association” said on Thursday they filed a lawsuit at the European Court of Human Rights against the United Kingdom over the removal of the Parthenon Marbles by Lord Elgin in the 19th century, the association said in a press conference in Plaka on Thursday.

The association, which opened in 1895 and among whose aims is to research the history of Athens and help preserve of its cultural monuments, said the decision was taken after its board was informed about Britain’s refusal to participate in a mediation procedure, as part of the UNESCO Intergovernmental Committee for Promoting the Return of Cultural Goods in the Country of Origin.
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A lawsuit is being brought in the European Court of Human Rights over the reunification of the Parthenon Sculptures. The case is being brought by The Athenian Association, an Athens based organisation chaired by Eleftherios C. Skiadas, the vice mayor of Athens.

This case is interesting, as it is happening outside of the remit of the Greek Government, although it is unclear what knowledge the government has of the process. The Athenian Association were prompted to take action following the rejection of UNESCO mediation prior to the prorogation of Parliament in 2015.

It will be interesting to find out more details of this case in due course, in particular what arguments they are basing their case on.

Syllogos ton Athinaion logo

From:
The Athenian Association

APPEAL OF THE «ATHENIANS’ ASSOCIATION» BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS FOR THE ACROPOLIS SCULPTURES

The historical “Athenians’ Association” (Syllogos ton Athinaion), which celebrated 120 years of existence this year (1895-2015), instituted proceedings at the European Court of Human Rights against the United Kingdom regarding the Acropolis Sculptures. The natives of the Greek capital set out the array of violations to their human rights regarding the cultural treasures of their city, characterised by Paul the Apostle as the «devotions of the Athenians». Indeed, this is the sole case worldwide of a UNESCO World Heritage Monument (1987) being despoiled through the removal of structural elements, such as the metopes and sculptures of the Parthenon.

Among the statutory objectives of the “Athenians’ Association”, special mention is made to “the making provision for the preservation and conservation of the monuments, works of art, etc., linked to the history of Athens”. Its founding members comprised descendants of the Athenians who stood up against the despoilment of the Parthenon by Lord Elgin. Besides, one of the very first actions undertaken by the Association was an event organised in 1896 to commemorate the liberation of the Acropolis from the Ottoman Turks and during which its deputy chairman, professor Theodossios Benizelos (1821-1900) mentioned that the Parthenon was a place of daily worship, the holy of holies, a life good for our ancestors and that the Athenians strongly protested against the despoilment of the Acropolis’ extant statues by Elgin.
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