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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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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Last Autumn, the Greek Government met with a team of Lawyers from the UK, to discuss the legal options available to them in trying to resolve the dispute over the Parthenon Marbles.

The Lawyers were commissioned to produce a more detailed report, which it was later revealed was funded by a wealthy Greek individual rather than by the government.

Since the process started, the government which started it has been replaced by a new SYRIZA led coalition.

This report has now been delivered to Greece and some details of it have managed to leak to the Greek Press.

The proposals suggest various possible options, including the International Courts of Justice and the European Court of Human Rights. One key aspect of the proposals is the point that action should be taken now, otherwise the opportunity to take it may be lost for ever, through the doctrine of laches and acquiescence. Greece’s window of opportunity is limited, so if they are ever going to take this route, the time is now.

When the legal team first visited Athens, Greece was still awaiting a response from Britain regarding mediation through UNESCO. Since then, a negative response has been received by Greece and the nature of this response suggests that a change of policy is unlikely in the near future – meaning that litigation may now be the only option left for Greece.

Part of the Parthenon frieze in the British Museum

From:
Independent

Elgin Marbles: Greece should take UK to court over sculptures, claim human rights lawyers
Ian Johnston
Tuesday 12 May 2015

Greece should take the UK to an international court to win back the so-called Elgin Marbles, according to legal advice prepared by senior human rights lawyers including Amal Clooney and Geoffrey Robertson.

Athens has the best chance of securing control of the sculptures if it takes action through the International Court of Justice or the European Court of Human Rights, according to a 150-page report prepared by its team of eminent global lawyers.
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Most would agree that in recent years, Turkey has had a rather lacklustre record when it comes to human rights (at least for some sectors of its country). The country has recently been undertaking a vigorous drive to recover looted artefacts, although this too has not been without criticism.

Now, it seems that Turkey is taking the unusual step of trying to use the European Court of Human Rights as a mechanism to attempt to secure the return of disputed artefacts in the British Museum. It remains to be seen how successful this approach is & I imagine many other countries will be watching with interest.

From:
International Business Times

Turkey’s New Spin On Human Rights: They Can Be Used To Recover Art
By Ceylan Yeginsu | January 14 2013 2:01 PM

Turkey is one of the world’s richest countries when it comes to archeology. Located at the crossroads of Europe and Asia and with a history of human habitation that dates back to the dawn of civilization, it’s especially rich in ancient Greek ruins that were created when the land that is now Turkey was known as Asia Minor, or Anatolia.

But many of those priceless relics aren’t in Turkey; they’re in Western museums. Now Turkey is trying a bold new tactic to recover them: It plans to use human rights law to get them back.
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More coverage of Turkey’s ongoing attempts to secure the restitution of disputed artefacts – many of which are housed in Paris’s Louvre museum.

From:
Le Monde (via Worldcrunch)

Published on 2013-02-18 15:56:34
Turkey vs. The Louvre: Ankara Renews Its Quest To Recover Antiquities
By Guillaume Perrier
LE MONDE/Worldcrunch

ISTANBUL – The treasure of Troy is back. The collection of golden jewelry from the ancient city, which had been stolen during the 19th century, was handed back to Turkey by the University of Pennsylvania last September.

The precious jewelry – known as the “Troy gold” – had been looted after the first excavations of Troy by a German archeologist in the 1870s. No one knows if Helen of Troy actually wore the jewels, but Turkey says it belongs to them. “It is only right that they be returned to where they were taken from,” declared Minister of Culture and Tourism Ertugrul Gunay.
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Ertuğrul Günay, Turkey’s Culture Minister, believes that the museums of the west are now panicking because of his country’s intensive focus during the last year on the recovery of looted artefacts from their collections.

From:
Hurriyet Daily News

Turkey’s artifacts move panics West museums
Barçın Yinanç
December/24/2012

ISTANBUL – Hürriyet Daily News
Western museums appear to be panicking as Turkey continues to facilitate the return of many stolen artifacts, says Culture Minister Ertuğrul Günay

Turkey remains committed to repatriating all the artifacts that have been stolen from its soil over the years, Culture and Tourism Minister Ertuğrul Günay has said while expressing hopes that regional neighbors will also receive back their ancient treasures.
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Turkey is planning on taking the dispute over the Mausoleum of Halicarnassus (Currently in the British Museum) to the European Court of Human Rights. This follows on from Turkey’s aggressive campaigning in recent months against various museums holding artefacts from Turkey, where the ownership is disputed.

From:
Guardian

Turkey turns to human rights law to reclaim British Museum sculptures
Dalya Alberge
guardian.co.uk, Saturday 8 December 2012 19.29 GMT

Human rights legislation that has overturned the convictions of terrorists and rapists could now rob the British Museum of sculptures created for one of the seven wonders of the ancient world.

A Turkish challenge in the European court of human rights will be a test case for the repatriation of art from one nation to another, a potential disaster for the world’s museums.
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The Mausoleum of Halicarnassus was one of the seven wonders of the ancient world. It is now in the British Museum in London and groups in Turkey have for some time campaigned for its return.

You can add your signature to their petition here.

From:
Hurriyet Daily News

Campaign started for relic
ISTANBUL – Hürriyet Daily News

A digital signature campaign has been initiated ahead of a lawsuit that will be opened at the European Court of Human Rights (ECHR) in January for the return to Turkey of the Halicarnassus Mausoleum.

According to a written statement, several artists have signed the campaign on the website www.askinmabedi.com. The signatures will be collected as part of the lawsuit lawyer Remzi Kazmaz will file, with 30 other lawyers, at the ECHR on Jan. 30.
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