June 09, 2024 | Anna Tchavtchavadzé
The European Court of Human Rights (ECHR) handed down a significant ruling on May 2, 2024, ordering the return of the life-size bronze statue known as the "Athlete of Fano" to the Italian government. This decision marks the conclusion of a long-running dispute between Italy and the Getty Museum in Malibu, California, over the ownership and restitution of this ancient work.
Historical and legal background
In 1964, Italian fishermen discovered a bronze statue, the "Victorious Youth", in the waters off Pedaso, on the Adriatic coast. The statue was brought back to the port of Fano, giving the work its common name. In the early 1970s, this priceless piece was illegally exported to several countries, before being acquired by the Getty Foundation for $4 million.
Legal proceedings in Italy
The Italian authorities initiated lengthy proceedings to recover the statue. Finally, the Italian Supreme Court ruled that the statue was the property of Italy. This decision was based on the conviction that the statue had been exported in violation of Italian laws on the protection of cultural heritage.
Action before the ECHR
Faced with this decision, the Getty Museum appealed to the ECHR, claiming a violation of its right to property, as provided for in Article 1 of Protocol No. 1 to the European Convention on Human Rights. The Museum argued that the seizure of the statue infringed its right to peaceful enjoyment of its property.
ECHR decision
The ECHR has recognized, however, that the right to property may be limited in specific circumstances, notably for the protection of a country's artistic and cultural heritage. The Court found that Italy had acted with a legitimate aim in seeking to secure the restitution of an object forming part of its cultural heritage, and that the aim was to recover a cultural object that had been illegally exported.
Reference to International Conventions
In its ruling, the ECHR also recalled the rules applicable under international law, referring to the UNESCO Convention of 1970 and the Unidroit Convention of 1995. These conventions establish standards for preventing and combating illicit trafficking in cultural property, and encourage the restitution of cultural objects to their countries of origin.
Conclusion
The ECHR's decision is a major victory for Italy and underlines the importance of protecting cultural heritage in international law. By ordering the restitution of the "Athlete of Fano", the Court has reaffirmed that the preservation and restitution of cultural property are legitimate objectives that can justify limitations on the right of ownership. This decision could also influence future cases involving the restitution of works of art and cultural property worldwide, by reinforcing the principles established by international conventions.
ECHR 2 May 2024, The J. Paul Getty Trust and others v/ Italy, no. 35271/19
Lawyer