Судебная базы данных

Незаконный оборот культурных ценностей

Преступления

• Незаконный импорт/экспорт
• Незаконный оборот культурных ценностей
• Хищение культурных ценностей

Ключевые слова

• Незаконный импорт/экспорт
• Передача права собственности и приобретение
• Объект/учреждение культуры и произведение искусства
• Хищение
• Порча и вандализме
• Грабежи и мародерство
• Подозрительные сделки

Case Kanakaria Mosaics

Краткое изложение обстоятельств дела

Turkish military forces invaded Cyprus in 1974, seizing control of northern Cyprus. Within this area in the village of Lythrankomi was the Church of the Panagia Kanakaria, home to a large mosaic depicting Jesus as a child in the Virgin Mary’s lap surrounded by two archangels and the twelve apostles. The mosaic had been affixed to the apse of the Church; however, some time after the Greek Cypriot priests had evacuated the village in 1976 the mosaic was greatly damaged after being ripped from the apse. In 1979, the Republic of Cyprus learned of the looting of the Church and began contacting various individuals (scholars, curators) and organizations (e.g. UNESCO, International Council of Museums and Sites, Europa Nostra, Council of Europe, international auction houses, museums, etc.) in an effort to recover the pieces of the mosaic and other looted artefacts. The four missing mosaic pieces depicted Jesus, the apostles Matthew and James, as well as the bust of one of the archangels.

In the summer of 1988, the Indiana-based American art dealer and gallery operator, Peg Goldberg (of Goldberg and Feldman Fine Arts, Inc.), travelled to Europe seeking to purchase new pieces for her gallery. Goldberg’s primary interest lay in 20th century paintings, sketches and sculptures; however, her friend and fellow art dealer, Robert Fitzgerald, suggested that she consider purchasing “four early Christian mosaics”. Fitzgerald organized a meeting on July 1st in Amsterdam between Goldberg, Michel van Rijn (a Dutch art dealer) and Ronald Faulk (an attorney from California). Goldberg did not know anything about these men other than what she learned during their meetings, including that van Rijn had earlier been convicted of art forgery in France and was an expert on Christian icons. During that first meeting, van Rijn had shown Goldberg photos of the four mosaics and told her that an unidentified seller wanted $3 million (USD) for the pieces. Van Rijn explained to Goldberg that the seller “was a Turkish antiquities dealer who had ‘found’ the mosaics in the rubble of an ‘extinct ’Church in northern Cyprus while working as an archaeologist ‘assigned (by Turkey) to northern Cyprus”. Van Rijn informed Goldberg that the seller had exported the pieces to his home in Munich, Germany after being granted permission by the Turkish Cypriot government (this government is recognized only by Turkey) and that he was eager to sell the pieces quickly due to an urgent “cash problem” resulting from health issues. Goldberg later learned the seller was Aydin Dikman.

The California attorney, Faulk, travelled that day to Munich to inform Dikman that Goldberg was interested in the mosaics. On July 1st and 2nd, Faulk met with Dikman who showed Faulk documents which he “claimed were proof that the mosaics had been exported properly from northern Cyprus”. After returning to Amsterdam on July 2nd, Faulk told Goldberg that “in his opinion, the export documents appeared to be in order”. These documents were submitted as evidence during the trial; however, “none of these documents…even mentions Dikman or the four mosaics at issue”.

On July 3rd, 1988, Goldberg came to an agreement (which was executed on July 4th) with van Rijn, Fitzgerald and Faulk to purchase the mosaics for $1.08 million (USD). Goldberg secured a loan from the Merchants National Bank of Indianapolis for $1.2 million (USD), claiming that she required an additional $120 000 (USD) “to pay for expenses, insurance, restoration and the like”. Goldberg had to wait a few days for the money to arrive and she claims that during this time she contacted several organizations (UNESCO and the International Foundation for Art Research) to inquire about the status of the mosaics. She also claimed to have contacted customs officials in Turkey, Germany, the United States and Switzerland. None of these organizations or agencies could locate any evidence that Goldberg had contacted them.

On July 7th, 1988 the transaction was completed at the Geneva airport in Switzerland and Goldberg returned to the U.S. with the mosaics the following day. Soon after, she began preparations for reselling the mosaics and contacted other art dealers in an effort to find a buyer. Two dealers were led to Dr. Marion True of the Getty Museum in California who revealed that she had a “working relationship with the Republic of Cyprus  and that she was duty-bound to contact Cypriot officials” about the mosaics. She contacted the Director of the Republic of Cyprus’ Department of Antiquities, Dr. Vassos Karageorghis, who confirmed that the mosaics in question were being sought by the Republic of Cyprus. Dr. Karageorghis sent a request to Goldberg for the return of the mosaics, but she refused. The Republic of Cyprus and the Church of Cyprus then filed suit in 1990 for the recovery of the mosaics in the Southern District of Indiana. The judge awarded possession to the Church of Cyprus. Goldberg filed an appeal for a rehearing but her appeal was denied and the district court judge’s decision was affirmed.

Комментарий и существенные особенности

The district court made considerations under both Indiana law and Swiss law, noting that the “substantive law of the state of Indiana should apply to this case”. Both considerations were made because while the suit was brought forth in Indiana, the purchase of the mosaics had occurred in Switzerland. However, the Court concluded that under both laws Goldberg had not obtained good title to or right to possession of the mosaics. The Court of Appeals affirmed this decision.

Комплексные вопросы

Ответственность

... За

• Совершенное преступление

... основанная на

• Нет Преступный умысел

... влечет

• Основной(ые) правонарушитель(ли)
• Участник, Посредник, Соучастник

Совершение правонарушения

Подробности

• Происходил по одному (или более) международных границ (транснациональном)

Участвующие страны

Кипр

Соединенные Штаты Америки

Вопросы гендерного равенства

Подробности

• Учет гендерных аспектов
• Женщина — исполнитель преступления

Информация процедурного характера

Правовая система:
Общее право
Последнее решение суда:
Апелляционный суд
Вид разбирательства:
Гражданский
 
Судебное разбирательство #1:
  • Стадия:
    первое судебное разбирательство
  • Официальная ссылка на дело:
    717 F.Supp. 1374 (1989)
  • Суд

    Местонахождение

  • Город:
    United States District Court, Southern District of Indiana, Indianapolis Division
  • • Гражданский

    Описание

    After Goldberg refused a request to return the mosaics, the Autocephalous Greek-Orthodox Church of Cyprus and the Republic of Cyprus filed suit for the recovery of the pieces in the Southern District of Indiana. The court found that Goldberg had not obtained “good title to or any right to possession of the mosaics” and ordered that they be returned to the Church of Cyprus.

     
    Судебное разбирательство #2:
  • Стадия:
    апелляция
  • Официальная ссылка на дело:
    917 F.2d 278 (1990)
  • Суд

    Местонахождение

  • Город:
    United States Court of Appeals, Seventh Circuit
  • • Гражданский

    Описание

    Goldberg appealed the district court decision. Her request for a rehearing was denied and the court of appeals affirmed the district court's decision noting that "the Church has a valid, superior and enforceable claim to these Byzantine treasures, which therefore must be returned to it".

     

    Обвиняемые/ответчики

    Обвиняемый:
    Peg Goldberg
    Пол:
    Лицо женского пола
    Гражданство:

    Источники/ссылки