“Legal and moral obligation” to return the “stolen” Parthenon Sculptures, says British jurist

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I think it was inevitable that there would be meetings between George Osborne and the Greek Prime Minister about the Parthenon Sculptures, Mark Stevens, one of the most prominent legal experts in cultural goods, emphasizes in his interview with SKAI.

London Thanasis Gavos

The meetings between the president of the British Museum and the Greek government were characterized as an inevitable development by Mark Stevens, one of the most prominent legal experts in cultural goods and human rights in Britain, who has been dealing with the Parthenon Sculptures for years, supporting their reunification in Athens.

“I think it was inevitable that there would be meetings between George Osborne and the Greek Prime Minister about the Parthenon Sculptures in the British Museum. It is absolutely clear that the Parthenon Sculptures belong in Greece, in Athens, in the Acropolis Museum. It is a historical anomaly that they were stolen from a Scottish lord and then given as a ‘gift’, as stolen items to the British Museum. Consequently, I think that George Osborne, as a realist, clearly understanding the law, understands that as president of the British Museum he must give back the marbles, finally”, commented Mr. Stevens, who has been honored with the title, in an interview with SKAI of the Commander of the British Empire (CBE) by Queen Elizabeth for services to the legal profession.

The meetings open a window of hope for the long-awaited reunification deal, but thorny issues remain over ownership and a 1963 law that prevents the British Museum from removing objects from its collection.

Regarding the second, Mr. Stevens formulates the radical legal assessment that the law does not cover the Sculptures, as it refers only to legally acquired exhibits of the Museum’s collection.

“For many years now it has been convenient for the British Museum to claim that it cannot, because of the 1963 Act, remove objects from its collections. But of course the issue is that it only concerns the items that are legally in the collection. And as we know, Lord Elgin stole, looted, damaged the Parthenon Sculptures. He had no right to them, he got them through bribery and corruption. So in essence the British Museum is in possession of stolen goods. So the law (of 1963) is not binding on the Parthenon Marbles, because they were illegally acquired and locked up in the British Museum.”

In practice, however, this argument would mean that we would have to see either an unexpectedly brave admission from the museum that Elgin stole the Sculptures, or some sort of legal claim from the Greek government, an avenue that has been rejected in the past.

“I think what has happened is that we have had a generational change. People my age and younger admit they were robbed. It is not controversial for us, for curators, for museums and galleries around the country to say that Lord Elgin stole, looted and corruptly obtained the Parthenon Marbles,” Mr Stevens replies.

“I think,” he continues, “that everyone recognizes that the law is nothing more than a fig tree, a pretext put forward by the British to muddy the waters regarding the situation. The clear legal position is that if they were not lawfully acquired, then they must be returned. I think that George Osborne, who is one of the new generation of chairmen of cultural institutions, recognizes that he has an obligation, a legal and moral obligation, and that it would be a dereliction of duty on his part and on the part of the other commissioners if they sought to keep the Parthenon Marbles that they know good thing they’re stolen goods.”

Solutions that have been heard from time to time as a way for the two sides to bypass the issue of ownership and changing the law, such as the joint ownership of the Sculptures or the opening of a branch of the British Museum in Athens, have been rejected.

A possible way out could be the procedure followed to return the “Fagan fragment” from a Palermo museum to the Acropolis Museum. The fragment was initially attributed to Athens as a long-term deposit (deposito) with the prospect of a permanent return (sine die), which was finally realized by decisions of the Regional Council of Sicily and the approval of the Italian Ministry of Culture.

In the case of the Sculptures, permanent reunification would ultimately require a change in the law through the consultations that would begin – but with the Sculptures already in Athens and with a positive suggestion from the president of the British Museum playing an important role.

The issue of ownership and law could also be circumvented either by some vague wording in the reunification agreement or by some compromise that is not obvious.

As members of British bodies campaigning for the reunification of the Sculptures have said in recent days, the fact that we are now talking about how the Sculptures could be returned, rather than if, is a sign of progress.

How did we get here? The factors that have been pointed out are many: the consistent pressure from the Greek government over the last year, the constant evidence of a shift in British public opinion through polls and articles in major newspapers, the active support from influential figures in British public life, both from the of culture and universities as well as by politicians, the repatriation of objects from museums of other countries and even Britain, the critical look with which the British have begun to analyze their colonial past, but also the even rhetorical hints of an agreement by the Mr. Osborne.

Finally, Mark Stevens adds one more potential parameter to the whole equation. In 2023, the British Museum will begin a massive program of radical building renovation that is estimated to cost £1 billion. The British lawyer does not rule out the appearance of sponsors who will set as a condition the change of attitude for the Sculptures.

“I appreciate that there is a real possibility that some donation could come to the British Museum, not as a direct exchange (for the return of the Sculptures), but as a safe way out.”

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