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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A fresh bid has been launched on the 200th anniversary of the transfer of ownership of the sculptures to the British Musuem

An initiative led by the British Association for the Reunification of the Parthenon Sculptures (formerly known as Marbles Reunited) seeks to secure the return of the Parthenon Marbles to Greece. The Parthenon Sculptures (Return to Greece) Bill will be presented today (the 200th anniversary of the bill that gave ownership of the sculptures to the British Museum) anniversary by Liberal Democrat MP Mark Williams, supported by Conservative Jeremy Lefroy and 10 other MPs from Labour, the SNP and Plaid Cymru.

Part of the Parthenon Marbles, the river god Ilissos in the Duveen Gallery

From:
Independent

MPs introduce Bill to return ‘Elgin Marbles’ to Greece 200 years after the UK decided to buy them
Ian Johnston
11th July 2016

A cross-party group of MPs has launched a fresh bid to return the so-called Elgin Marbles to Greece on the 200th anniversary of the British Government’s decision to buy them — a move that campaigners said could help the UK secure a better deal during the Brexit talks with the EU.

The issue has long been a source of tension between, on one side, the UK Government and British Museum, where the 2,500-year-old marbles are currently on display, and, on the other, Greece and international supporters of the reunification of the Parthenon temple’s sculptures.
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Those in the UK who are opposed to the return of the Parthenon Sculptures (I think we can make a safe guess that this is the camp that George Osborne sees himself in), never seem to see it as a serious issue. More often than not, any questions about the sculptures are brushed aside with a quick joke – nine times out of ten, referring to someone having lost their marbles.

It might have been vaguely amusing the fist time – but its not like the quip has not been made thousands of times before. Further to this, campaigners have also pointed out such remarks stigmatise mental health issues.

Perhaps the lack of concern for the Parthenon Marbles stems from the fact that knowledge of them amongst many people is in fact fairly limited. They hope that distracting discussions with a joke hides their own ignorance.

UK Chancellor George Osborne

From:
Independent

Yanis Varoufakis and George Osborne exchange blows over the Elgin Marbles
Jon Stone
Tuesday 19 January 2016

Yanis Varoufakis has hit out at George Osborne after the Chancellor made a joke about a contentious marble sculpture taken from Greece to Britain in the 19th century

During an exchange with shadow chancellor John McDonnell in the House of Commons Mr Osborne referenced the fact that Mr Varoufakis would be speaking at a series of events organised by Labour.

“Today he says he is going to tour the country with former Greek finance minister Mr Varoufakis to educate us all about economics. The one thing they’ve got in common is they’ve both lost their marbles,” the chancellor said.
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More coverage of the British Museum’s plans to lend significant numbers of artefacts to the Zayed National Museum in the UAE when it opens.

Artists impression of the Zayed National Museum in Abu Dhabi

From:
Independent

British Museum criticised for loaning artefacts to Abu Dhabi organisation accused of abusing rights of workers
Chris Green
Tuesday 02 June 2015

The British Museum has come under fire over plans to loan hundreds of culturally significant artefacts, including some of its much-prized “highlights”, to an organisation in Abu Dhabi which has been accused of abusing the rights of workers.

Curators at the museum have drawn up a list of around 500 objects, a selection of which could be loaned to the Zayed National Museum in the United Arab Emirates for up to five years.
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Further coverage of the statement by Greek Culture Minister Nikos Xydakis not to take legal action over the return of the Parthenon Sculptures at the current time.

As I mentioned in the other batch of articles on the issue, there seems to be little new information in any of these stories over and above what was originally stated. The stories have instead become retellings of the narrative of the acquisition of the Marbles, adjusted according to the newspaper’s own leanings on the issue.

I have now been quoted in at least three of the articles, which is impressive, as I have only spoken to the writer of one of them.

David Hill, Amal Clooney & Geoffrey Robertson in Athens

From:
Artnet

Greece Says No to Amal Clooney’s Elgin Marbles Advice to Sue British Museum
Amah-Rose Abrams
Thursday, May 14, 2015

Amal Clooney is still working hard to win back the Elgin Marbles from the British Museum and return them to Greece, filing a 150-page document recommending the Greek government takes the British Museum to the International Court.

However, according to the Times, Greece has promptly snubbed Clooney’s efforts and decided not to follow her advice, despite Clooney and her colleague Geoffrey Robertson telling Greece that it was a case of “now or never” in the lengthy battle involving the ancient Greek artworks.
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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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Neil MacGregor has announced that he is going to stand down as the Director of the British Museum at the end of 2015. During his tenure at the museum, he has definitely raised the profile of the institution, along with his own public standing. He has done a lot of good in broadening the reach of the British Museum, through such things as the History of the World in 100 objects radio series and book.

During his time there, there have been many epic exhibitions, such as the Terracotta Army, although I am sure that while he played a key part, he was far from the only one involved in getting such endeavours off the ground.

However, whatever praise MacGregor might receive should be accompanied by some major caveats.

He is lauded as presiding over a period in which the Museum has risen in popularity, and whilst this is true, it is partly a result of things outside of his control. The Great Court at the Museum is now the iconic space that people remember the building for, but work on it was started well before his arrival and it finally opened a year before he took on the role of director. The previous director presided over a museum that was a building site, with awkward circulation though side corridors, yet the bright spacious museum of the new millennium was not MacGregor’s doing.

In some newspapers, it appears that MacGregor can do no wrong. Even former critics now unquestioningly praise his every move as the work of a genius. I have no idea of the actual arrangements that have been made, but to an outsider it has certain parallels to the embedded reporters accompanying military divisions – you can get the inside stories before anyone else, but only as long as you don’t publish anything negative.

While MacGregor has presented a far more educated approach to the running of the museum than many of his predecessors, with a more rounded global outreach programme, under his control, the museum has always been quick to apply spin to its own actions. Shortly after he took charge of the institution, a highly publicised document appeared – the Declaration of the Importance of the Universal Museum. Many major institutions were present on this list, although the British Museum was notable by is absence. It was clear to many that they were involved in this document, and as it turned out, the declaration fell flat & disappeared from public discourse fairly rapidly.

While the Declaration of the Importance of the Universal Museum might have faded from memory, its legacy is still very much with us. James Cuno continually tries to revive the discredited Universal Museum concept under the alias of the Encyclopaedic Museum. Yet, the whole idea of the Universality of institutions such ass the British Museum is something of a fiction concocted by MacGregor. Prior to MacGregor taking up a post at the British Museum, there are no news stories that mentioned the term Universal Museum, yet it is pushed on us as though it is something that has always existed. It may or may not be a coincidence that its inception followed soon after construction work on the New Acropolis Museum started, removing one of the British Museums previous arguments for retention of the Parthenon Sculptures.

Neil MacGregor receives praise for loaning the Cyrus Cylinder to Iran, yet people are quick to forget that for years leading up to this, it was a source of immense tension. The British Museum had earlier made an agreement to loan the artefact, in reciprocation for earlier loans made by Iran, yet when the time came, they did everything in their power to delay this process and avoid following through with the agreement.

While MacGregor talks a lot about cultural diplomacy and working with other institutions, during his 13 years at the museum, he has not moved even a millimetre closer to resolving the long standing dispute over the Parthenon Marbles. Despite Greece building a state of the Art new museum to house them, MacGregor and his representatives try to claim that such endeavours merely strengthen the case for keeping half of the surviving Marbles in Britain. While other museums (particularly in the USA) have gradually seen that old disputes need to be resolved, the British Museum has continued to respond by burying its head in the sand and pretending that the issue will go away.

The Museums recent actions, of lending one of the Parthenon Sculptures to the Hermitage in St Petersburg received much acclaim in the press, but in reality won little support from others in the museum world. Having previously denied denying a loan of the sculptures to Greece, a loan was made in secret to Russia. Once the loan as publicly announced with a multi-page feature in a national newspaper, the British Museum had the audacity to suggest that Greek complaints were ungracious. While once the British Museum claimed that the sculptures were too fragile to move, they are now talking about lending them to institutions around the world – pimping them to everyone except for their rightful owners. Finally, it became clear to many that the museum did not understand the sculptures as a part of a greater whole, something that was designed to be seen together.

Most recently, the British Museum has turned down a request made by Greece for mediation through UNESCO to resolve the Parthenon Marbles dispute. Surely if they were serious about trying to resolve disputes and their position was as strong as they claim it is, they would jumped at the chance to move things forward?

For many who campaign for the return of disputed artefacts, MacGregor’s tenure at the British Museum will be remembered as one of missed opportunities. Of being too blinkered to see the potential advantages of reunifying items with their rightful owners. A rejection of the potential win-win scenario of reciprocal loans of new and unseen works. Of missing out on an increased standing of the institution internationally as old differences were resolved. A failure in cultural decolonisation.

There was (and still is) the potential to reinvent the British Museum as an institution that can provide a moral lead, a new style of museum for the 21st Century, one that can revisit its past in order to create a new, better future. The opportunity has always been there, but MacGregor has never been willing to take it, instead leaving US institutions to take some of the first tentative steps along this path, creating places that exemplify contemporary values rather than the dodgy dealing of times past.

One hopes that perhaps MacGregor’s successor will be able to think different.

British Museum Director Neil MacGregor

From:
Independent

Neil MacGregor announces departure from British Museum
Nick Clark
Wednesday 08 April 2015

Neil MacGregor, who has transformed the fortunes of the British Museum during his 13 year reign, is to leave the UK’s most popular visitor attraction at the end of the year.

The 69-year-old Scot told his colleagues of his decision to step down in December at a meeting. The director received prolonged applause from the staff, according to one onlooker, who said the announcement was “emotional for everybody”.
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In September 2013, a request was made by Greece to Britain, to enter a mediation process to resolve the Parthenon Sculptures reunification issue. The process would take place via the snappily named Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation, a sub-committee of UNESCO.

The request for mediation marked a new step for Greece, and a clear realisation that small scale informal negotiations to resolve the issue were making little progress.

Since the request was issued, any appeals for updates have indicated that the British Government is still considering their response.

Last year, it was requested that a response would be made by 31st March 2015. However, government sources say that they are unable to make any significant announcement this side of the May election. We must bear in mind at this stage, that all current predictions are that there will be no clear majority in the May 2015 general election, so if not a change of government, at the very minimum, we can expect a significant restructuring of the coalition.

The British Government is clean to prevaricate over what is likely (according to all past policy indications) to be a negative response, but the reality is that any negative response might well be met by a stronger riposte from Greece.

For a number of years now, talks have taken place in secret in Greece regarding the possibility of some form of legal action over the Parthenon Marbles. These talks became more public when it became known that Amal Clooney was involved. As a side note, she was in fact involved all along – I have had sight of confidential papers that her name is ascribed to, from early 2011. Previously though, the lawyers were able to operate beneath the radar though, whereas Amal’s new found fame means that this is no longer such a simple proposition.

The likelihood of litigation is increased by the recent news that even if there Greek Government does not have the money to invest in this sort of venture, there are others who are happy to do so on their behalf.

What this leads on to, is that it is clear that Greece is considering other options. If their mediation request is rebuffed, they are not going to just drop the issue, but have fall back options, that could be a lot less palatable than mediation.

It is unclear, whether after an initial rejection of the mediation request, the offer to enter into the process would still be open to Britain.

Meanwhile, the British Museum, while unwilling to invest efforts in actual negotiations seems to have been taking measures to try & prop up their own back story behind why retention of the sculptures is a good idea. The first step was the rather controversial and secretive loan of one of the sculptures to the Hermitage in St Petersburg, which was announced to much fanfare in The Times. The second step is the commissioning of a rather narrowly focussed poll, aimed at giving the impression that those in the industry were entirely favourable of return (well they would say that wouldn’t they).

These moves are indicative that the British Museum is no longer sitting quite as comfortably as it once was. It is trying to make its position more secure, yet the loan to the Hermitage seems to have done exactly the opposite, with many former retentionists being strongly critical of the Museum’s actions.

It is clear that we are entering a new chapter in Greece’s quest for the return of the sculptures – one that has move on from informal applications to something much more structured. The stakes may be higher for both sides, but the aggressive responses from the British Museum indicate that the Greek approach seems to be having some sort of success. My hope is that the new SYRIZA led coalition is willing to keep up the pressure, rather than making a complete change of policy.

Parthenon Marbles in British Museum

From:
Independent

Elgin Marbles row: Greece tells British Government to stop stonewalling on return of Parthenon sculptures
Ian Johnston
Saturday 07 March 2015

The Government is refusing to negotiate with Greece about the return of the so-called Elgin Marbles despite a request to do so from the United Nations, a decision that could prompt Athens to begin legal action for the first time.

British campaigners likened the UK’s stance to “clinging on to stolen booty for dear life” and contrasted it with the “generous act” of returning the sculptures to help a friendly country on the brink of economic collapse. Youth unemployment has hit 50 per cent and suicide rates have soared amid a crisis so severe the Financial Times has warned Greece could turn into a “quasi slave economy”.
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I was sorry to hear earlier this week that Chris Price had passed away at the age of 83.

For those who didn’t know him, Chris was a former Labour politician, who worked tirelessly for many years in support of the return of the Parthenon Sculptures to Greece. He studied classics at Oxford and expressed his views on the Elgin Marbles (as they were then known) to colleagues as early as 1958. This is interesting, as many retentionists like to believe that any movements for return only originated when Melina Mercouri became Culture Minister in Greece in the 1980s, whereas the reality is that the return movement has always existed.

Chris was one of the original members of the British Committee for the Reunification of the Parthenon Marbles, and its Deputy Chairman for many years. He was also a member of Marbles Reunited, liaising between the two committees. He was also a great philhellene and critic of the Turkish invasion of Northern Cyprus. Unlike many of today’s politicians, he was a man of substance and conviction – somebody who would do what he believed to be right, rather than perpetually worrying about whether this would damage his chances of being re-elected.

After leaving parliament following electoral defeat in 1983, he went on to become the vice-chancellor of Leeds Polytechnic during its transition to becoming a university, part of his lifelong commitment for a fairer and more equal society and the importance of educational opportunity. Once he retired had more time available to devote to the restitution of the Parthenon Sculptures, regularly using his parliamentary contacts and in-depth knowledge of government procedures to secure meetings, discover about new bills that were going to be debated and otherwise intervene, to make sure that the opinion of those supporting reunification of the sculptures was heard.

He enriched the lives of all of us who were lucky enough to have known him, and his expertise will be missed by all who campaign for the return of the Parthenon Sculptures. While others might have pre-conceived ideas of how the campaign should be managed, Chris was always open to adapting strategies and incorporating new approaches, in order to accommodate changing conditions. When I last met with him in 2010, he was enthusiastically talking to me about the idea of cultural decolonisation – the idea that Britain had decolonised physically, but never bothered to send back the cultural artefacts when she granted independence & that this was a widespread movement that needed to happen.

Chris died last Saturday 20th February 2015, after a period of poor health following a stroke.

Christopher Price, Deputy Chairman of the BCRPM

From:
Independent

Christopher Price: Energetic MP who despite his combative nature was liked and admired both by colleagues and opponents
Tam Dalyell
Tuesday 24 February 2015

It was Christopher Price’s misfortune – and in my informed opinion the nation’s – that he never held a safe Labour seat. In 1966 he took Birmingham Perry Barr from the Conservative incumbent Dr Wyndham Davies but perished when Edward Heath came to power in 1970. In February 1974 he was elected to Lewisham West, and held the seat in 1979, but to the huge sadness of his many Labour friends – he had the rare gift in politics of being candid and outspoken without making enemies – he lost by a sliver in the 1983 election at which Gerald Kaufman described Labour’s manifesto as “the longest suicide note in history”.

Had Price survived he would certainly have been elected to the Shadow Cabinet, and might well have been elected leader rather than Neil Kinnock; he would have garnered votes from a number of colleagues. His eventual successor in Perry Barr, Jeff Rooker, then a young engineering manager, told me Price had been well-regarded by the Birmingham Labour councillors and local union leaders. Jill Knight (Edgbaston) remembered him as a first class colleague on City of Birmingham supra-party issues. Brian Walden, elected in 1964 for Birmingham all Saints, told me, “Chris Price was a very, very good constituency MP. He genuinely cared about people, not least those from ethnic minorities. I have nothing adverse to say about him.” Coming from the most acerbic TV inquisitor of our age, that last sentence is an accolade.
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Unsurprisingly, the Greek government is not too impressed with the way that the British Museum recently loaned one of the Parthenon Sculptures to the Hermitage in St Petersburg. Various past Greek approaches for loans & to discuss the issue have been snubbed, yet it appears that the British Museum is perfectly happy to lend the sculptures to other institutions.

Visitors look at a sculpture from the Parthenon marbles at the Hermitage in St Petersburg, Russia

From:
Guardian

Parthenon marbles: Greece furious over British loan to Russia
Greek prime minister says loan of statue from pillaged frieze puts end to British Museum argument that disputed antiquities are immovable
Helena Smith in Athens
Friday 5 December 2014 15.38 GMT

Greece has reacted with outrage to the British Museum’s surprise move to loan one of the disputed Parthenon marbles to Russia.

Within hours of learning of the unexpected decision to send the monumental statue of the river god Ilissos to the State Hermitage museum in St Petersburg, the Greek prime minister, Antonis Samaris, hit back.
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Neil MacGregor would love it is the world believed that his latest initiative with the loan of a Parthenon Sculpture to the Hermitage was all about “cultural diplomacy”. This is not the first time he has tried taking this line – one previous example was with the loan of the Cyrus Cylinder to Iran. Now, like Geoffrey Robertson, I would be very interested to know if there was any improvement in Iran’s human rights record (or for that matter it relations with the UK) as a result of this, but I know that the answer would have to be an unequivocal no!

Geoffrey Robertson QC, Currently providing legal advice to Greece over the Parthenon Marbles issue

From:
Independent

Geoffrey Robertson
Friday 5 December 2014
The British Museum has just lost the Elgin Marbles argument
This loan is welcome — in that it gives the game away

The British Museum has moved the river god Illisos from his plinth in the Duveen Gallery to St. Petersburg for a celebration of Russian art collection at the Hermitage.

This raises two issues: first, why give a propaganda windfall to President Putin at a time when his breaches of international law can only be deterred by sanctions that are beginning to bite? Second, if a part of the Marbles can now been seen for the next two months by visiting St. Petersburg, why should all surviving pieces of the greatest art in world history not be seen, reunited at the Acropolis Museum under a blue attic sky and in the shadow of the Parthenon?

The museum claims that “cultural diplomacy” can somehow discourage human rights violators. This is nonsense – it tends to embolden them. In 2010 the museum lent the Cyrus Cylinder to Iran, only to have it welcomed by a pageant staged by President Ahmadinejad, in which Cyrus wore the insignia of the Basij militia, which the previous year had brutally beaten and killed hundreds of “Green Movement” demonstrators.
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Following growing levels of protest, Christies has put on hold the sale of a 4,500 year old Bronze Age statuette, thought to be worth over $1 million.

Sardinian politician Mauro Pili has led the campaign, asking the Auction House to provide more details of who the vendor is, and requesting that the seller proves that they are the legitimate owner of the artefact.

Disputed “mother goddess” icon from Sardinia

From:
Independent

Mother Goddess auction: Christie’s halts sale of ‘stolen’ $1m Bronze Age pagan icon after Sardinia campaigns for its return
Michael Day
Rome – Tuesday 02 December 2014

A campaign in Sardinia to reclaim a 4,500-year-old pagan idol from a US auction house is gathering pace ahead of its scheduled sale next week, as Italy steps up the fight against the theft of its precious cultural patrimony.

Christie’s in New York had listed the marble religious artefact Dea Madre, or Mother Goddess, dating from about 2500BC, for sale on 11 December. Auctioneers hoped to sell the Bronze Age statuette for as much as $1.2m (£770,000). But campaigners claimed an initial victory today after hearing that the sale had been put on hold.
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