The meeting was chaired by Mr Willy Deridder, Executive Director, Police Services,
Interpol General Secretariat, who thanked the participants for attending.
The role of Interpol was to assist the police of all nations, and it worked
directly via its National Central Bureaus (NCBs) in the 181
member countries. At present, restoring the bureau in Baghdad to operational
status was a priority.
The present meeting, uniting experts from the art trade, from museums and
from law enforcement ,was intended as a discussion forum regarding how to integrate
efforts towards resolving the serious criminal issue of antiquities stolen from
Iraqi museums, libraries and excavation sites.
Mr Kind, Interpol General Secretariat, said that minutes of the meeting would
be distributed once translated into the other official languages, and would
be available on the Interpol website.
| Opening speech By Mr Mounir Bouchenaki,
Assistant Director General for Culture, UNESCO |
|
|
The full text of Mr
Bouchenaki's speech is available on the Interpol website. It reviews the
meetings held at UNESCO headquarters in Paris on 17 April and at the British
Museum on 29 April, and the future intentions of UNESCO regarding collaboration
with Interpol and other experts on Iraqi antiquities regarding the current issues.
UNESCO had also requested Mr Kofi Anan, Secretary General of the United Nations,
to include an item on the agenda of the Security Council with a view to submitting
an international resolution ratified by all States in order to prevent the importation
of objects from Iraq.
| Looting of cultural property in Iraq:
Presentations by experts |
|
|
Mr Yasser Tabbaa, Assistant Professor, University of Michigan, USA
Professor Tabbaa gave a brief overview of Islamic monuments in Iraq using
the sub-sections: Early Islamic, Mediaeval in Baghdad and Mosul, Mediaeval
Christian sites, and Shi'ite shrines. He also stressed the importance of the
collections of the Iraq Museum in Baghdad and the Mosul Museum. Regarding
the country's main libraries and archives, which also housed irreplaceable
works, he noted that considerable damage and destruction appeared to have
taken place. Reports from various sources, partly conflicting, nevertheless
indicated that some manuscripts and other collections could be safe. The important
issue at present was to assess the genuine extent of the damage and losses,
and to find and repatriate looted antiquities. Even if some were found, however,
the museums, libraries and universities of Iraq would take years to recover,
and the USA and Europe should do their utmost to assist in the process.
Ms Roberta Ricciardi Venco, Professor of Archaeology, Turin University,
Italy
Professor Venco explained the BRILA database developed in Italy following
the 1st Gulf War in 1991, and published in the archaeology magazine 'Sumer'.
This listed 2,500 objects looted from Iraqi museums, and included pictures
and descriptions. Since it was essential to create a database of items now
missing, this information and the database system were available to Interpol
if it was of use to serve as a basis for further work.
Mr John Russell, Professor of Art History, Massachusetts College of Art,
USA
Professor Russell described the general types of artefacts from Iraq most
favoured by the illegal antiquities market, to assist in seizing and identifying
them. The ten major categories were the following: objects with museum numbers
on them or traces thereof; objects with Cuneiform writing (primarily in clay
and stone but also in metal, ivory and pottery); cylinder seals; stamp seals;
ivory; sculptures in stone, metal and clay; vessels in pottery and stone;
metal; glass; and coins.
Mr Robert Dale Biggs, Professor of Assyriology, University of Chicago, USA
Professor Biggs said that collections in Iraq had been well managed until
international sanctions since 1991 had caused financial havoc. He showed photographs
of Cuneiform tablets that were mainly of unbaked clay and thus very fragile,
and which were highly popular with smugglers because of their small size.
He stressed that copies of all photographs and documents taken by expeditions
from various countries were still in possession of the teams concerned, even
if copies of these sent to the Iraq Museum had now been lost. These could
prove useful in drawing up inventories. Concern nevertheless existed because
of the looting of excavation sites that had been taking place since 1991.
Artefacts from these would not have been recorded.
Professor Biggs and his staff were willing to offer assistance to identify
any cuneiform items traced.
Mrs Bonnie Magness-Gardiner, Senior Cultural Property Analyst, US Department
of State
Ms Magness-Gardiner explained the work of her department, and informed participants
that the US State Department had allocated funding of USD 2 million torwards
immediate and longer-term work on recovering and restoring Iraqi antiquities.
To date, work had been based on the ICOM Red List, the American overseas research
centre in Baghdad, and the State Department's searchable database of examples
of Iraqi artefacts in the Iraq Museum.
The Department of Cultural Property implemented the 1970 UNESCO Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export and
Transfer of Ownership of Cultural Property and consequently adopted their
national legislation. The 1983 US Convention on Cultural Property Implementation
Act permitted the US to impose import restrictions on looted objects when
a nation's cultural heritage was in jeopardy, and to seize and return cultural
property stolen from inventories collections in public institutions. Objects
and documents taken from Iraqi museums, archives, libraries, monuments and
archaeological sites were the property of the Iraqi nation under Iraqi and
international law: they were therefore stolen property if they were taken
away from Iraq. More information on Iraqi cultural heritage and the searchable
database was available at http://exchanges.state.gov/culprop/,
and the co-ordinator of the US government inter-agency efforts to resort Iraqi
cultural heritage was Ms. Patricia Harrison, Acting Undersecretary for Public
Affairs and Public Diplomacy.
Dr Irving Finkel, Assistant Keeper, Ancient and Near East, British Museum,
UK
Dr Finkel referred to eyewitness accounts of looting by Dr. Donny George,
Director General of the Department of Research and Studies at the State Board
of Antiquities and Heritage in Iraq and other reports on damage and destruction:
it was clear that some attacks on the Iraq Museum had been organised, and
the artefacts had chosen for their value: casts had been left in place, although
heavy original pieces had been taken, obviously with pre-arranged transport.
It had been regrettable that despite pleas by Dr. George, American tanks had
not moved into position to dissuade the looters. Recent information indicated,
however, that some items, including records and inventories had been hidden
in secure locations.
National radio and some Iraqi imams were now urging the population to return
what had been taken, with some positive results. A reward system, or at least
an amnesty for those who had stolen items, was highly advisable. The UK was
presently working on such measures, and had taken this approach following
the first Gulf War. However, it was essential to secure the borders of Iraq
immediately to prevent more antiquities from being taken out of the country.
Servicemen, for example, would be tempted to return home with keepsakes and
customs checks for military personnel returning from Iraq should be thorough
and extensive.
The British Museum would be prepared to act as a repository for any artefacts
returned.
Ms Margarete Van Ess, Scientific Director, German Archaeological Institute,
Berlin, Germany
Ms Van Ess noted that no concrete figures could be provided for the number
of items missing from the various museums and sites, since many were not inventoried.
Moreover, it was unclear how many artefacts and how much documentation was
intact and in safekeeping. Reviewing the way in which records from institutions
and excavation expeditions were organized, she stressed the difficulties of
aligning the various systems. The data from various expeditions could nevertheless
constitute considerable assistance in gaining an overview of what had been
stolen.
Although attempts had been made to preserve various collections over recent,
difficult years since the embargo of Iraq had come into force, numerous items
had been damaged, lost or stolen, for example as a result of floods at the
Iraq Museum, inadequate storage techniques, or theft from unguarded or illegal
excavation sites. The pillaging was, in some cases, a result of the local
population removing objects and attempting to sell them to meet their basic
needs.
A first and effective measure to halt the flow of artefacts leaving Iraq
would be a ban on the sale of all objects from Mesopotamia, as suggested by
UNESCO. Sadly, however, the general public and many officials had no idea
of where Mesopotamia was, or what the artefacts looked like. Creating awareness
was thus essential.
Mr Richard Halverson, Senior Special Agent, Bureau of Customs and Border
Protection, USA
Mr Halverson outlined the structure of the US Department of Homeland Security,
whose customs services consisted of the Bureau of Immigration and Customs
Enforcement (ICE), and the Bureau of Customs and Border Protection (CBP).
The recently created Operation Iraqi Heritage was a multi-phase project involving
the US military plus domestic and foreign law enforcement agencies, and would
concern issues on a domestic and international level. It would include a rewards
programme to support investigations and recovery. Phase one was a joint international
effort to inventory and identify stolen items, phase two involved the interdiction
and recovery of stolen and looted items, and phase three would be a joint
effort to repatriate them to the people of Iraq. The US Customs service had
played a significant role in repatriating antiquities to other foreign countries
in the past.
To date, some items in transit in the UK from Kuwait to the USA had been
intercepted, and others had been seized in Virginia and Boston. The US Customs
services were working actively to identify and seize other artefacts exported
illegally. A very recent recovery appeared to be the priceless Warka vase,
although in response to Dr. Finkel, Mr Halverson said that no precise details
had been obtained but he would report back after asking for more information.
On the following day, he was not able to provide confirmation regarding this
item due to unreliable telecommunications with Baghdad but if the vase had
been recovered he would inform Interpol and the participants at the meeting.
(Following the meeting, written confirmation was received from Mr Halverson
that the Warka vase has not been recovered.)
Mrs Lynne Chaffinch, Art Theft Programme Manager, FBI, USA
Ms Chaffinch said that the FBI's response to the theft of antiquities would
take place on both the short and long term, and that it had established an
inter-agency working group to pool the unique resources of each. It had already
begun networking with museums, dealers, and auction houses, and had established
contact with Interpol regarding a future fact-finding mission to Kuwait. The
FBI's Art Theft Department was also ready to collaborate with the other organizations
and entities present at the meeting with a view to sharing and centralizing
information. The FBI had maintained a national database on stolen art since
1979.
The first short-term goal within this crucial issue for humanity was to
secure the artefacts that were presently in Iraq, in order to prevent further
losses. It was also essential to prevent items from leaving the country and
to take action in both transit and target countries. Legal issues, which were
a major issue, should also be taken into account: US legislation made it difficult
to retrieve items once they had entered the country unless documentary proof
of theft existed.
Mr Vernon Rapley, New Scotland Yard, London, England, said that in the case
of antiquities from Afghanistan, legislation had also proved to be problematic
given that proof from the country of origin that theft had occurred was difficult
to obtain when a country's legislation was unclear or details of it were unobtainable.
Mrs Magness-Gardiner said that an English translation of the Iraq Antiquities
law was available, but it was hard to determine whether this could still be
considered in effect within an occupied country.
Mrs Chaffinch added that it would also be necessary to determine if, and
when, Iraqi laws ceased to exist as a result of the new order. Collaboration
was essential in order to move rapidly on the entire issue, which would take
many years to resolve.
Mr Bernard Darties (Acting Head of the Central Office for Combating illicit
traffic in cultural property, France) said that speed was indeed essential
since importing stolen goods was easy at present since counter-measures were
still being developed.
Mr Olivier Rouault, Professor of Archaeology, Lyon 2 University, France
Professor Rouault stressed the necessity of educating the public regarding
the specific nature of what had been stolen. The question of ethics was also
important among all those involved: when presented with an artefact for valuation,
should experts immediately suspect theft and report it to the authorities
or assume the owner was honest?
Regarding unguarded sites and looting, he stressed the need for surveillance
staff. The academic world was fighting against illegal excavations, but it
was difficult to find the resources, either locally or funded from the exterior,
to prevent such traffic.
The Gallo-Roman Museum in Lyon had planned to hold a major exhibition of
Iraqi art, and had thus obtained extensive documentation from the Iraq Museum.
This was at the disposal of the law enforcement and antiquities sector to
serve as a reference.
Mr Jacques Lasfargues, Director of Lyon Archaeological Museum, France
Mr Lasfargues explained that various French missions had been undertaken
to collect information with a view to holding the above-mentioned exhibition.
The work had included taking 1,000 photographs, including those of showcases,
with a view to selecting items to be shown. These had been forwarded to Interpol.
It was essential, before taking concerted international action of any Kind,
to have a reliable inventory of what had really been stolen, since many items
could have been placed in safekeeping: French journalists, for example, had
stated that the ivory collections had already disappeared from showcases in
January 2003. Whether items in storage had subsequently been damaged, however,
was not yet known.
As Professor Rouault had said, it would be difficult for experts to feel
they must suspect all those coming to them with artefacts for examination.
| International initiatives to combat
the traffic inIraqi cultural property: Exchange of views |
|
|
Databases
Mr Julian Radcliffe, Chairman of the Art Loss Register, London, UK, said
that the Art Loss Register possessed a searchable database on stolen works
of art. In his opinion, any work on a future, jointly developed database for
stolen Iraqi antiquities would be a long-term project since it was by no means
clear what had actually been stolen or even what was missing. The question
of whether to open any definitive database that was created developed to the
public was another debatable issue, since if it were open, thieves would also
use it in order to see if an item in their possession was listed. If it was
not, the thief would be able to sell the item freely. The Art Loss Register
had assisted the police in the past by carrying out controlled searches in
conjunction with the art trade, following which the dealer concerned contacted
the police if the item was identified as stolen. Mr Darties (France) shared
the concern regarding open databases, although stressed that collaboration
among all parties would be essential in order to create a reliable source
of information.
Mr Deridder agreed that collaboration between the police and experts in art
was necessary, but that structuring the work and the related database required
careful reflection. In his opinion, a database of stolen items should be public
or at least have a public part. Interpol already published extracts of its
database on stolen works of art, and this would be developed and expanded
to include Iraqi antiquities. Details of this would be presented later in
the meeting. The access to the Interpol information did not, of course, disclose
the information on suspects or other police information.
Mr Rapley was not in favour of offering public access to a database, since
it was virtually impossible to create a database that was 100% reliable, even
in the long term. Criminals could consult it and then claim that any object
not included was thus legitimate.
Mr Richard Ellis, Invaluable / Trace database, London, UK, noted that he
had worked on art and antiques at New Scotland Yard before joining this company
that provided impartial information on antiques, fine art and premium collectibles
to dealers, private buyers, museums and other institutions via the extremely
comprehensive TRACE database (http://www.trace.co.uk).
Given the urgency of the situation, the input of art experts was essential
since the police were not qualified or equipped to identify or inventory works
of art. Items from Iraq would not fail to reach the trade by way of major
markets such as New York, so information on antiquities, via both private
and public sources, appeared essential. Thousands of enquiries regarding artefacts
reached the Trace database per year, and Interpol was no doubt unable to provide
the resources or expertise to handle them. Perhaps UNESCO could handle the
administration of such a database? In any case, both the law enforcement and
art worlds should find the means of acting jointly.
In the longer term, mechanisms for uniting the art trade, UNESCO, Interpol,
and museums would be ideal, and not only for Iraq but also for other countries
suffering losses to their national heritage, such as Afghanistan and the Lebanon.
It was impossible to inventory items infallibly at present, given the current
state of affairs, but in the best interests of Iraq it was essential to provide
the best possible list, and to permit broad access to it.
Ms Danielle Maïano, World Customs Organization, Brussels, Belgium, also
advocated collaboration between the police, customs authorities, UNESCO, museums
and the art trade in drawing up an inventory with a view to establishing a
database, since this would be an extremely complex task.
Mr James Edward Ede, Managing Director of the International Association of
Dealers in Ancient Art, said that his Association had given instructions to
its members that no items from Mesopotamia should be purchased or traded without
certified provenance.
Regarding the future database, it was necessary to decide who should create
and co-ordinate this, in order to avoid overlapping. Moreover, its structure
neEded to be flexible, logical and appropriate. For instance, it would be
difficult and time-consuming for law enforcement personnel to search among
an estimated 40,000 cylinder seals to identify a single item, particularly
since these were usually only exchanged for approximately USD 50.-.
Mr Ede also believed that the urgent necessity of returning items to Iraq
should not be an excuse to suspend the rules of truth, and that it was essential
for theft to be proved when artefacts came to light within the art world rather
than automatically considering any Mesopotamian items to have been the object
of a criminal act.
It was of course essential to return Iraq's treasures, and this also meant
that returning items should not be made too difficult for those in possession
of them. Petty thieves who were frightened of legal action could be tempted
to destroy artefacts if they believed they would be punished when handing
them to authorities. It was also necessary to realize that locking up middlemen
dealing in such artefacts items would not always bring stolen or looted items
to light.
Mr Taoufik Bouachba, Arab Interior Ministers Council felt that ideally, legislation
concerning antiquities should be aligned.
He believed it would be appropriate for Interpol to co-ordinate the database,
which would also serve Iraq in future since it would constitute a record of
its heritage.
Mr Jean-Pierre Jouanny pointed out that no central database existed specifically
for Iraqi artefacts. Networking among various sectors and databases, although
not without merit, was not an ideal solution in this case. Given the urgency
of the situation, a single source for identifying items appeared considerably
more useful.
Dr Rodolfo Ronconi, Director of International Police Co-Operation and Head
of NCB Rome, stressed that Italy was ready to contribute towards a rich database
on stolen works of art from Iraq. The Italian Carabinieri had handed Interpol
details of 700 items known to be stolen.
Mr Radcliffe explained that the rules for antiquities dealers required dealers
to consult the Art Loss Register for items of above a certain value. Some
dealers tended to believe that a check of the register was all that was necessary
in order to eliminate doubts regarding legitimacy, although the register was
incomplete and even checks with other sources did not constitute proof that
an item had not been stolen.
Once a database for Iraqi antiquities had been established by those involved,
the Art Loss Register would be prepared to add it to its own resources, and
provide it as an extension to its services available free of charge. Dealers
using it would thus have some proof of due diligence. Searches on the database
should nevertheless be carried out by experts. Mr Rapley (UK) did not, however,
feel that such a search constituted due diligence: some criminals would proceed
to the checks while fully aware that an item was not listed as stolen, and
then claim the right to sell it since it was not included.
Mr Jean-Robert GISLER, Archaeologist, Swiss FEderal Police, Bern, Switzerland
felt it was impossible to wait until a full list was available to make a database
available.
Ms Silvelie Karfeld, German FEderal Police, was concerned that any database
could only show a very small proportion of the artefacts missing since so
many, particularly from excavation sites, had not been documented.
Professor Russell said that Iraq was not represented at the meeting and was
thus unable to add input. However, Iraqi experts should be included when creating
the database.
Dr Finkel stressed that Iraq had indicated that it would not release details
of items in safekeeping until the coalition forces had left the country, which
rendered inventories difficult to constitute. He believed that the first move
necessary was to provide a list of the types of items missing, showing examples.
It should be noted that a great many artefacts arriving in Europe or the USA
from the Middle East at present were highly likely to be stolen.
Mr Kind felt that art dealers required access to information: the police
could not accuse them of dishonesty if they were unable to check databases.
A single database for Iraqi antiquities seemed more appropriate than attempting
to inter-connect those that existed. Such attempts were frequently unsuccessful,
such as the Global Retrieval Access and Information System (GRASP), project,
whose intention had been to link databases in England and Europe. Europol
were also working on a similar system, but few databases were compatible with
each other.
More information regarding Interpol's proposals for a database would be
presented later in the meeting: Interpol was fully aware of its limitations
regarding expertise and its need for guidance regarding the artefacts to be
included.
Mr Deridder confirmed to Mrs Van Ess that use would be made of existing information
within the database, although this would take time. Mr Ellis added that migration
problems existed between various databases, and that it would have to be clear
which items were stolen and which only missing.
Legislation
Mr Rapley also felt Interpol could provide assistance regarding information
on various countries' legislation, and Mr Ellis noted that UNESCO was working
on a searchable database for legislation on movable heritage items but this
was not complete.
Mr Bouchenaki said that work in this area continued. UNESCO was also seeking
legal advice regarding what legislation was still in force in Iraq at present,
noting that Iraq had ratified the UNESCO conventions of 1954 and 1970 on cultural
property and possessed a World Heritage Site - Hatra - which inspired concern
regarding possible looting. Further sites in Iraq were being considered for
UNESCO's list as having potential for inclusion or as being endangered.
Ms Sharon FLESCHER, Executive Director, International Foundation for Art
Research, USA, said that the IFAR had updated its resources concerning legislation
but this was not complete since not all countries responded. Translations
were frequently neEded.
Mr Darties pointed out that legislation remained a major issue in order for
the use of any database to be helpful. For example, the legally accepted time
limits within which action could be taken by various countries concerning
stolen property also varied, as did definitions regarding what constituted
theft as opposed to receiving and concealing stolen property. It was also
necessary to determine, in certain countries, whether such thefts constituted
crimes or misdemeanours. There were also several types of theft: firstly,
this concerned small items taken as 'souvenirs', and those who stolen
them may now be hiding them, fearing reprisals. Other types of thief would
keep artefacts for sale later, once there was less focus on the issue. It
had also been indicated that some thefts had been organized carefully, possibly
on behalf of individuals who had placed orders, and these would wherever possible
leave the country rapidly. However, no proof had yet been obtained of international
trafficking rings operating in this way.
Other measures taken or envisaged
Mr Bouachba believed it was essential to exchange information between all
parties regarding what type of items could have been stolen or were in transit.
He felt that UNESCO had the necessary influence to expedite matters, particularly
regarding communication, but also urged all States to co-operate and act as
fast as possible. A UN resolution to forbid the import of goods from Mesopotamia,
as mentioned by Mr Bouchenaki, would be a major step forwards.
The Arab Interior Ministers Council had acknowledged and applauded the initiative
to organize the present meeting, and expressed its willingness to co-operate
fully in efforts to restore cultural property to Iraq.
Mr Ali ben Salah Al-Moghanam, Assistant Under-Secretary for Museums, Al
Riyadh, Saudi Arabia, said that his country also strongly condemned the thefts
and destruction in Iraq. Saudi Arabia would stop the importation of Iraqi
treasures at all its borders, and all law enforcement bodies and the army
had received instructions to this effect.
Mr Mamdooh Al-Nasser, Criminal Detection Department, Jordanian police, NCB
Amman, stated that the Jordanian police had enforced restrictions regarding
imported antiquities following the Iraqi invasion of Kuwait in 1991. At the
time, many forgeries of artefacts had been found. Jordan was now trying to
anticipate what would be forged following the recent thefts, and would carry
out controls among shops selling antiques since these could be outlets for
looted property or for fake items.
Although Professor Russell was sceptical that a large amount of artefacts
were still in the country and suspected that a great deal of them had been
taken out of Iraq, particularly from unguarded sites, ever since the last
Gulf War in 1991, Mr Ede pointed out that with every week that past more objects
could disappear or cross borders.
Mr Al-Nasser stressed the importance of working with Iraqi experts in order
to ascertain what remained in the country.
Mr Dirk Deklerck, Art Research Team, Belgian Federal Police, felt it was
necessary to bear in mind that some trafficking should be anticipated in the
future even if many artefacts remained in Iraq. He added that after the last
Gulf war, many Iraqis, journalists and organizations had removed items when
leaving the country. In the present case, however, many of the individuals
involved in looting were still present in Iraq.
Mr Walid Yasin Ismail, Archaeological Advisor, Department of Antiquities
and Tourism, United Arab Emirates, said that co-operation in the Middle East
regarding archaeology was not well developed. The NCBs in the region should
attempt to bring in local archaeologists to assess items discovered in transit.
He also felt that if a great deal of material remained in Iraq, it should
be possible to retrieve it but that the Iraqi population should be encouraged
to return items and rewarded for doing so. It was essential to avoid individuals
stealing items in order to survive financially given the current situation.
Some wealthier Arab collectors would be interested in obtaining Iraqi artefacts,
but most of them were known. He believed they would react positively if UNESCO
or Interpol appealed to them to return cultural property.
Mr Ede had gained the impression that in fact more material remained in Iraq
than had been initially believed. Although aware that Interpol did not deal
with military issues, he nevertheless believed it had sufficient influence
to request the USA to block the Iraqi borders in order to prevent further
losses. Could the USA consider establishing a 'pack of cards' for
major treasures, similar to that established for members of the former regime?
Professor Russell strongly recommended seizing suspicious items at borders,
and including the less common objects on the ICOM Red List, and Mr Ellis added
that Interpol should alert Iraq's neighbours to search for items leaving the
country, since Iraqi officials and authorities may be unable to do so.
Ms Maïano said that the World Customs Organization had already issued
a warning to all its regions in March.
Mr Kind said that the Interpol General Secretariat had already sent messages
to all its member countries informing them of the situation regarding the
theft of cultural property from Iraq, in order to increase awareness and urge
them to be vigilant. However, it could not yet provide details of specific
items stolen and did not wish to intervene within matters dealt with by ICOM.
An ICOM meeting would be held at the General Secretariat on 7 May concerning
the Red List and the inclusion of Iraqi antiquities. Interpol would then publish
a list of major items at risk extremely rapidly.
Dr. Finkel stressed that no 'national authorities' currently existed
in Iraq, so wondered who Interpol would work with within Iraq since its mandate
did not permit it to work with military forces. Mr Deridder (Interpol General
Secretariat) said that this was why it was necessary to have an Interpol office
running in Baghdad as soon as possible.
Ms Karfeld believed that Interpol should not wait until Iraq had a new government
before acting and urged all present to confirm their commitment to contributing
their available resources.
Conclusions
Mr Bouchenaki appreciated the useful exchange of information regarding the
situation and future measures envisaged. UNESCO had worked in similar situations
before, for example when returning items to Kuwait, Cambodia and Afghanistan.
Its aim in the longer term was to train local experts and local police to
handle issues surrounding stolen and looted works of art.
Discussions had already taken place with Interpol regarding the strategy
for Iraqi antiquities, and support had been offered by the police forces of
various countries, including Italy, Switzerland and Japan.
The Red List issued by ICOM, the International Council of Museums, (see
http://icom.museum/redlist/)
was a useful tool for creating awareness among museums and the public and
had at times incited those in possession of works of art to return them upon
discovering they were stolen.
Many countries and bodies could offer valuable help regarding the issue
of stolen and looted artefacts from Iraq and he was pleased to see such willingness
to collaborate. First, it was necessary to decide upon urgent, immediate steps
and then to continue the work on the longer term.
A safe location was also required for objects recovered pending their return.
Dr. Finkel confirmed that the British Museum was prepared to store Iraqi antiquities
recovered.
Mr Chris Eaton (Interpol General Secretariat) summarised the concrete issues
discussed so far, beginning with the consensus regarding the need for a single
database as a technical response. Several participants had advocated the first
step of including typical objects - a step already taken by the State Department
of the USA.
Regarding access, Interpol believed it would be possible to provide both
public access to information and more restricted details including police
data: further details on the plans would be presented the following day.
The need for integrating the sectors of art, museums, trade and law enforcement
in order to return antiquities to Iraq and to handle criminals involved therein
appeared clear, and a concrete proposal was being drawn up for Interpol to
co-ordinate such a group. Partnership with UNESCO was a key aspect given this
organization's experience and resources regarding world cultural heritage.
Mr Eaton again stressed that Interpol was attempting to re-establish its
National Central Bureau in Baghdad, and once this was running every effort
would be made to contact and work with local antiquities experts. This would
also assist in clarifying legislation issues.
Mr Deridder underlined that the purpose of the present meeting was to determine
the roles of Interpol and UNESCO, and to examine synergies and co-operation
from other fields. It should be borne in mind, however, that Interpol had
no capacity to make field enquiries and not did it possess wide expertise
regarding antiquities: its role was to collect, co-ordinate and disseminate
information, including that concerning stolen works of art.
Concluding the day's discussions, he noted that co-operation between Interpol
and UNESCO regarding the issue would continue and be built upon, as would
contact with representatives from the art and antiquities sector. It was of
course necessary for law enforcement agencies to focus on stolen items and
the criminals behind the thefts, although Interpol nevertheless greatly valued
the input it had received from experts present during this first day of the
meeting. The arts trade would not be present at the second day of the meeting,
which would be dedicated to law enforcement issues, but those representatives
would be provided with information regarding conclusions drawn and steps taken
by means of communiqués from Interpol and information published on
its website.
6 May 2003
| Introduction to operational police strategies |
|
|
Mr Saoud Al Mahmood (Interpol General Secretariat) gave a presentation on the
Interpol Response Team on Stolen Iraqi Art, of which he was the chairman. Interpol
had wished to play an active role since the beginning of the 2003 war, and had
contacted the police and directors of national museums and libraries in neighbouring
countries at a very early stage in order to trigger rapid reaction, including
border controls, to stop antiquities leaving the country. Interpol had also
organised a fact-finding mission to Kuwait and worked in close collaboration
with the FBI. Meetings had also taken place with experts on Iraqi antiquities
in neighbouring countries, and contact was sought with local Iraqi experts although
it had not been possible for these individuals to attend the discussions in
Kuwait.
UNESCO's intentions to provide assistance and collaboration for a future joint
mission to Iraq were extremely welcome, and it was hoped this would take place
without delay and include local experts from the field of antiquities, the museums
and law enforcement. Many individuals from Iraq were anxious to express their
opinions on the situation, but had been unable to attend the present meeting
for administrative reasons.
Television broadcasts would soon be restored in Iraq, and it was hoped this
could be used to encourage members of the population to return looted or stolen
items.
As other members of the General Secretariat had stated, efforts were under
way with a view to re-opening the NCB in Baghdad, which would make it easier
to co-ordinate with Iraqi experts. On this subject, Mr Deridder (Interpol General
Secretariat) said that re-opening the NCB was important, but that this was only
part of the measures required within international police co-operation on this
issue.
Mr Jouanny noted that all Interpol's member countries could consult its stolen
art database, which he demonstrated to the participants. To date, the information
provided had only been for research purposes but the next stage would be for
a more interactive approach. Ideally, UNESCO art experts would be able to enter
data directly to the databases and the information then transferred to the Internet
and then the public. The database thesaurus of codes and categories in Arabic
was completed, so a full translation would soon be available. The free text
field would not, however, support Arabic input.
To questions from Ms Magness-Gardiner and Ms. Van Ess, Mr Jouanny said that
Interpol's database could not automatically add information from other databases,
so this would have to be re-entered. UNESCO experts had collaborated on the
existing database, and the process was rapid once users were familiar with it.
For instance, for similar artefacts such as seals, it was possible to copy and
then modify from a first entry for that category. Although not all fields were
compulsory, it was clearly useful to include as much information as possible
in order to assist police and customs experts who were not familiar with the
objects.
Mr Darties, responding to a comment by Mr Deridder that Interpol focused on
crime issues alone, said that although the needs of law enforcement and the
antiquities sector concerning information required differed in some respects,
it was important to acquire as much information as possible and then tailor
this to requirements. The antiquities sector should obviously not be able to
access police elements. Mr Jouanny noted that no police information was included
on the information made available openly by Interpol.
In reply to Professor Russell regarding copyright issues concerning material
published on websites and related to Iraqi artefacts, Mr Kind said that Interpol
only published material on request by its members, and did not own that information.
Mr Eaton said that Interpol did not ask for copyright information from its NCBs,
which were responsible for this and could indicate copyright issues if these
existed.
| Speeches by Mr John Ashcroft, United
States Attorney General and Mr Ronald K Noble, Interpol Secretary General |
|
|
The prepared remarks by
Mr Ashcroft and the speech
given by Mr Noble (in English) can be found on the Interpol website.
Mr Ashcroft appreciated the initiative to create a working group dedicated
to restoring Iraq's cultural heritage and congratulated its participants for
their willingness to collaborate. He stressed Interpol's long-standing efforts
in tracing stolen works of art, and in general its role in combating crime.
After reviewing the measures already taken by the USA regarding the looting
of antiquities and the current situation in that country, he stressed the determination
of the American nation to return Iraq's past to its people and in doing so to
contribute towards its future. This would be a major challenge but one worthy
of Interpol and its mission.
Mr Noble outlined the work and mission of Interpol and its success in responding
rapidly and effectively to transnational crime, and referred to its activities
concerning stolen works of art since 1947. Interpol's experience had shown that
many stolen items were recovered in their country of origin, which might also
be the case for Iraq. Interpol had reacted immediately to looting in Iraq by
setting up a team to assess the situation, providing web space and calling this
conference aimed at defining a comprehensive international strategy for returning
items looted to their rightful homes. In doing so, Interpol would support the
work of UNESCO and ICOM regarding a database of artefacts that existed and which
of them were missing.
Together with experts from its General Secretariat , designated officers from
its NCBs and member country police forces, Interpol planned to form a special
task force based in the Iraqi region to work on the issue. Countries of the
world would be given an opportunity to contribute to a special fund designed
to help police recover looted property from Iraq and to help in re-establishing
a new Interpol NCB in Iraq, connected to the Interpol global communication system.
Finally, he called for responsibility on the part of all when discussing the
issue of looting until the facts were known with certainty, and dedication in
gathering these facts as rapidly and efficiently as possible.
| Approaches adopted by police services
specializing in combating illicit traffice in cultural property |
|
|
Lieutenant Colonel Ferdinando Musella, Chief of Operations, Carabinieri
Cultural Property Unit, Rome, Italy
Lt. Col Musella said that the Italian database on stolen cultural objects
in Italy and throughout the world was one of the largest of its Kind. It included
photographs and police information. The major traffickers on an international
level were only a few dozen in number, and the hubs they used in Europe were
mainly Switzerland and the UK, where false documents were obtained for the
artefacts to enter legal markets. The database included 750 items that had
disappeared from Iraq since 1991, thanks to the BRILA project described earlier
in the meeting by Ms. Venco. More information on it was available at: http://www.carabinieri.it/tap/tpa.asp
Mr Claudio Fiorini, Customs Officer, Italian Customs Headquarters, Rome,
Italy
Mr Fiorini stressed the collaboration between the Italian police and customs
authorities. The customs service had developed an automated alert system,
and exchanged information with other European customs services. Customs offers
were however not experts on antiquities, so the more information available
to them, the more efficiently they could identify suspicious items.
Mr Rodolfo Ronconi, head of the Italian NCB
Mr Ronconi, as a police officer, believed in sharing information to obtain
results. This was the reason for which he had handed Interpol details of 700
items believed stolen from Iraq, as recorded by the Italian police. In his
opinion, action was essential, and it would be useful to hold a meeting including
all police forces involved in the theft of works of art, whether a target
or transit country. He strongly supported the notion of protecting an ancient
civilisation as valuable as Mesopotamia, to which the world owed so much.
Italy would do everything within its power to assist in all operations.
Commander Bernard Darties, Acting Head of the French Central Office for
combating illicit traffic in cultural property, France
Mr Darties said that France had suffered large numbers of art thefts, and
the Central Office had been set up in 1975 to work in this area. France had
worked on increasing awareness in its customs services, but fully supported
the idea of a single database as a tool. Regarding the restitution of artefacts,
he warned that if these were not found soon and wherever possible seized at
borders, it would be extremely difficult to return them to Iraq. If an item
had entered the country, and if the deadline for seizing it expired without
Iraq proving its legal ownership, a collector who could prove he had purchased
it in good faith could only be forced to surrender it out of goodwill.
Regarding Iraq, he hoped that the USA would soon issue concrete information
regarding the thefts in Iraq, including the type (looting, organised theft)
as soon as possible, since no details regarding international traffic were
yet known. The role of Interpol within the entire issue was a key one from
a police point of view, but without operational information from the USA it
was difficult to advance or to obtain a good grasp of realities concerning
the fate of Iraq's antiquities.
The problem of what legislation existed or was in force in Iraq complicated
the entire issue. At present, it was not clear what, if any, local laws existed
or were valid. Moreover, there was little point in compiling various countries'
legislation regarding stolen works of art if the laws of source, transit and
target countries were not compatible.
Finally, the issue of art treasure from Iraq was now a focus for the media,
but would this still be so in 2-3 years? Sadly, once public awareness was
no longer high, attempts to remedy such a situation tended to peter out.
Mr Deridder assured those present that Interpol had no intention of letting
its attention to the issue fade over time.
Mr Rapley felt it was impossible to wait until the US supplied more data.
Antiquities had been flooding out of Iraq ever since 1991 and every effort
should be made to halt the flow. One immediate measure possible would be to
monitor known offenders in this field. Mr Eaton (Interpol General Secretariat)
fully agreed with the latter suggestion, which would be an ideal starting
point for a future Interpol Task Force on the subject of stolen Iraqi antiquities.
Mr Bouachba said that the Council of Arab Interior Ministers wondered if
the thefts could be classified as a crime against humanity. It also felt that
specific, international law on the theft of international treasures was necessary
and supported the proposal by UNESCO for a UN resolution to ban the import
of antiquities from Iraq. In its role as a co-ordinator of police activities,
Interpol could use its influence to recommend and support various actions
proposed.
| Future strategy proposed by the Interpol
General Secretariat for combating the illict traffic in Iraqi Cultural property |
|
|
A document presenting draft conclusions was handed out to the participants
(see Document)
Mr Kind (Interpol General Secretariat) presented the framework for Interpol's
future action regarding stolen works of art. To date, Interpol had handled a
regular flow of information, added it to the database, CD-ROMs for distribution
and the website. The current situation brought a new challenge and thus the
expanded database, project Tiresias, would require co-operation with partner
countries and international organizations active in this field, in particular
UNESCO. The existing database would be enhanced to include some key items from
Iraq extremely rapidly, and a special section would be published on the Interpol
website within days or even hours. In the longer term, the database would be
further refined to make it more interactive and accessible. Interpol also intended
to make the entire stolen art database available on the public website in the
future.
Interpol also intended to further co-operation by creating an Expert Group
on Stolen Cultural property and a Multi-National Tracking Task Force to turn
intelligence into concrete action. The Expert Group would comprise 10-12 members,
including experts in antiquities, cultural property, law enforcement and lawyers
from Interpol member countries, and particularly those concerned by the illicit
export and import of antiquities. It would act as an advisory board to Interpol
regarding locating and identifying objects and provide information on the capacity
of existing national laws to aid in returning these.
The Tracking Task Force would consist of law enforcement officers, and would
create a network of contact points to aid law enforcement agencies and relevant
organization with a view to taking action regarding stolen items and to detect
trafficking by providing a sound basis for intelligence and operational co-ordination.
Specific actions, to be agreed upon by members, would be reinforcing border
controls, checks on the art market where appropriate and feasible, improving
information exchange regarding offenders, modus operandi, routes, concealment
techniques, and planning targeted operations based on crime analysis.
Mr Eaton said that Interpol would inform its NCBs and the international community
of all its intentions and actions rapidly. Moreover, the Interpol Response team,
set up to handle possible crimes arising from the situation and interventions
in Iraq had been extended to work on the issue of looting once this had begun,
and an art expert had been seconded to the team. All Interpol work was carried
out on the basis of crime programmes and projects, and member countries shared
in them as they wished, on a voluntary basis, so the group concerning Iraqi
antiquities would be no exception. Interpol's idea, in this case, was to assemble
existing skills and co-ordinate with the world's police forces.
In response to Mr Bouachba, Mr Kind said that the proposed Task Force for
tracking Iraqi stolen property would include representatives of the police and
the customs services from Iraq, from neighbouring and destination countries
of the items.
Ms Karfeld hoped that concrete work on inventories and databases would soon
begin, and particularly stressed the importance of having contact points available
regarding legislation in various countries.
Professor Russell noted that the presence of an expert in conservation was
necessary for any entity making inventories or databases of what was still present
in Iraq.
Mr Jouanny said that more information regarding databases would be available
after the meeting with ICOM to be held the following day, and more specifically
with a view to a Red List for Iraqi artefacts. The future Experts Group described
in the document distributed would develop the idea of contact points.
Mr Carducci (UNESCO) said that it was vital for an experts' mission to reach
Iraq soon, and Mrs Hilary Bauer, Department of Culture, Media and Sport, London,
England, said that given the apparent chaos, creating an inventory on site would
be a highly complex task.
Mr Bryan Hanley, National Expert in the Conduct of Art and Cultural Property
Investigations, Canberra, Australia, said that some of the museums and sites
were contaminated crime scenes, and that they required examination. Australia
had offered practical assistance within a multi-disciplinary team that included
Iraqi specialists. The important aspect now was to act rapidly.
| Contributions by other international
organizations |
|
|
Mr Guido Carducci, Head of the International Standards Division, Cultural
Heritage Division, UNESCO
Mr Carducci stressed the need for finding and identifying objects stolen
or looted rapidly and efficiently, and the fact that the current situation
was unclear. A multi-disciplinary approach was thus called for. UNESCO would
be sending a mission to Baghdad within the next few days, and it would begin
its work by searching for and using any inventories of cultural property available.
UNESCO, he added, encouraged voluntary restitution of antiquities rather than
taking legal measures. Moreover, it had requested the Secretary General of
the UN to examine the possibility of submitting a draft resolution to the
Security Council to ban the export of cultural property from Iraq.
Regarding the co-ordination of databases, all participants at this meeting
were entitled to write to UNESCO, confirming their agreement for UNESCO to link
its website to theirs and thus providing access to their existing databases
of stolen works of art. The specific Iraq database to be created rapidly would
be co-ordinated by UNESCO in collaboration with Interpol, and meetings would
be held to finalize this approach.
The existing UNESCO Conventions on stolen cultural property were of assistance,
but although the 1954 Convention for the Protection of Cultural Property in
the Event of Armed Conflict had been ratified by Iraq, the USA and the UK had
not done so. The 1970 Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property had
now been ratified by 97 countries, including the USA, the UK and France, and
was a useful tool for the restitution of inventoried items but not of illicitly
excavated items. Article 13 of this stated that restitution relied on laws of
the country importing the objects. More countries were expected to ratify this
Convention, although at the time it was established, its focus was on co-operation
and no precise penal law conditions had been concluded.
To retrieve very important individual objects, Iraq may also wish to appeal
to the UNESCO Inter-Governmental Committee, a consultative group that facilitated
negotiations between countries.
Mr Bouachba said it would be difficult for Iraq to take such action since
at present it had no government, to which Mr Carducci replied that objects could
be submitted to the Committee once a government was in place. The Committee
only facilitated discussions and had no legal powers, and could intervene only
concerning only a very small number of priceless, unique items.
Mr Carducci also noted that UNESCO was tackling established legislation on
cultural heritage in all countries, but that this was a long-term undertaking.
The question of whether restitution of looted or stolen antiquities could fall
within international laws and treaties was being examined. If the source and
target countries had both ratified the 1970 UNESCO Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property, this simplified matters. However, if there was a need
to prove theft, it was necessary for this to be included in the local law of
the country from which an item was stolen.
Mr Darties pointed out that UNESCO nevertheless had no legal power, and if
one or more countries involved in trafficking antiquities had not ratified the
1970 convention, UNESCO was unfortunately unable to achieve a great deal.
Mr Manus brinkman, ICOM Secretary General
Mr brinkman noted that ICOM formed part of the Blue Shield, a Committee comprising
the International Council of Archives, the International Council of Museums,
the International Council on Monuments and Sites, and the International FEderation
of Library Associations and Institutions. It had recently met to discuss the
situation in Iraq, and emphasized the fact that that not only theft but also
destruction had taken place, particularly concerning libraries and archives
and asked UNESCO and Interpol to bear this in mind during its future work
on the issue. It had also expressed regret that funding pledged for assistance
during such crises by many countries failed to materialize once media attention
had waned.
ICOM focused on raising awareness regarding the identification of antiquities,
collaborated regularly with Interpol and UNESCO, and held workshops for customs
authorities, the police and the art trade. Training in object identification
helped museums that had no sophisticated inventory or identification system.
ICOM also published a Red List of most endangered items in specific continents,
which had proved a successful tool for recovery. An emergency Red List concerning
Iraq was now under consideration. This would state categories of items missing
in order to aid recognition by police and customs, and would be available in
English, French and Arabic. A meeting was planned on 7 May, involving specialists
from the present meeting, to draft such a list, which would then be highly publicized,
made available on the web and disseminated to interested parties, including
the World Customs Organization, with which ICOM had a Memorandum of Understanding.
He hoped that funding from the US State Department would support this work.
The list would most likely be available within days.
Replying to Mr Tabbaa, he said that archives and libraries would be taken
into consideration for the Red List, but that it was extremely difficult to
assess the degree of damage and losses that had taken place to them yet.
| Operational police strategies: Discussions
and recommendations |
|
|
Ms Karfeld said that the details of experts in national legislation regarding
stolen cultural property should be made available to those working on the Iraq
situation. Countries involved could then contact them when encountering legal
issues.
Mr Deridder said that Interpol had foreseen this. Since it was impossible
to create a database of legislation for all areas of crime, it would establish
contact points whenever possible and would offer assistance in finding legislation
applying to specific cases. Mr Carducci (UNESCO) stressed that UNESCO was working
on a database of legislation on stolen cultural property, but this was a difficult
task that moreover required funding. It would also require considerable and
ongoing input from member states to keep it updated since legislation changed
frequently. At present, the only solution for resolving legal problems in this
area was that of bilateral agreements. For Iraq, it was urgent to know what
law would be applicable for issues relating to stolen antiquities. If possible,
Interpol or UNESCO should publish current Iraqi law on its website.
Regarding the proposed Interpol database, Professor Russell asked whether
this would include items that were known to be missing, or those that appeared
to be missing. It would be a lengthy task if proof of theft was required. Moreover,
a very large number of items had not been inventoried so these could not be
included.
Mr Deridder stressed that as a law enforcement database, it was only possible
to include those that were confirmed as stolen or missing. The information would
be provided by museums, UNESCO, and Interpol NCBs.
Mr Carducci said that it would also take many months even to record what was
missing, and to compare what was present before with what was still in place
at present. However, there appeared to be no other way of proceeding. Mr brinkman
wondered if UNESCO could work on a database of all items missing or suspected
as having been stolen.
Mr Hanley suggested interviewing curators and museum staff in Iraq to see
what they actually knew.
Mr Halverson wished to know what could be done with found items before the
database was operational, and who would decide whether items had definitely
been stolen? Mr Deridder replied that if either the coalition representatives
or Iraqi authorities confirmed an item as stolen, this should be accepted as
such. At present, due to a lack of knowledge regarding the valid legislation,
it was difficult to know who was responsible for preserving items found, although
once the Baghdad NCB was operational, this could be used for co-ordinating what
was to be done with found items.
Mr Jouanny added that it would also be difficult to arrest suspected thieves
of objects since there was no legal basis for this unless some form of proof
of crime existed. It was also essential to realise that any items from excavations
or other artefacts intercepted by any customs or law enforcement agencies could
not automatically be assumed as stolen property.
Mr Carducci said that there was less risk regarding assumed theft with antiquities
from Iraq: if an individual could not prove official ownership, it could be
presumed stolen.
Ms Charlotte Van Rappard-Boon, Chief Inspector for Cultural Heritage, Netherlands,
said that when objects were found, searches could be made on databases and in
catalogues, so links to websites and resources would be welcome.
Mr Lasfargues again urged all involved to act rapidly, since traffic in artefacts
would otherwise increase. It was also vital to gain access to stores and vaults
in Iraq.
Ms Magness-Gardiner stressed that the US Department of State's database was
ready to go live and could be made available to other interested parties.
Ms Maïano said that it was important for customs officers to seize items
rather than letting them into countries, after which legal proceedings would
be necessary.
Ms Laureen Cremin, US Bureau of Immigration and Customs Enforcement wondered
if instead of Interpol's proposal, 2 working groups should be created: one for
assessment and investigation and another for recovery and repatriation. Mr Deridder
nevertheless felt it was UNESCO's role to carry out assessment of artefacts
since Interpol had no expertise here. The Task Force proposed by Interpol was
focused on law enforcement rather than recovery, since again this was a broad
issue and beyond Interpol's mandate.
In reply to Ms Karfeld, Mr Halverson said that US Customs could temporarily
seize an item if no proof of ownership existed, and the claimed owner could
file a lawsuit to recover it. Mr Michael PALMER, former Head of the Australian
FEderal Police, added that existing databases would help confirm suspicions
regarding whether items were stolen until a better one was produced.
Mr Rapley had originally believed that the Interpol database should include
all data on cultural property in Iraq. However, if it was restricted to items
confirmed as stolen, in line with its law enforcement role, a wider one was
also necessary. He remained against the idea of Interpol making the list public,
however, and at least initially, since thieves would be tempted to claim an
artefact was not stolen simply because it was not included on the Interpol database.
Responding to Mr Halverson and Professor Russell, Mr Jouanny agreed that collaboration
was essential between all parties. The future Task Force would establish as
many contact points for organizations, entities and specialized departments
as possible and place this at the disposal of police forces and customs. Interpol
would of course put seized and unidentified objects on the Interpol website
in the appropriate section.
Mr Eaton then explained several drafting modifications proposed by those present
and by the Interpol General Secretariat. This was then approved in its final
form and would be published by Interpol and the recommendation would be forwarded
to all appropriate parties.
Mr Deridder wished to conclude the proceedings by urging all present to remain
in contact with each other and with Interpol. Other meetings would be held at
the General Secretariat concerning stolen and looted antiquities from Iraq,
and naturally Intepol's work on the issue would continue. In reply to Mr Kazushi
INOUE, National Police Agency, Tokyo, Japan, he stated that funding for such
operations would be found and information on the human and technical sources
involved would be communicated to Interpol's member countries in due course.
He thanked all those present for their enthusiasm and for their highly interesting
input and proposals. Interpol had learned a great deal from all those present,
and would use the valuable information obtained in its own future work.
Thanking the interpreters, he closed the meeting at 17.15 hrs.
