46 member countries signed a document entitled “Terezin Declaration”

C 26 to 30 June in Prague hosted a conference on restitution ( paper on the opening of the conference can be found here ), which was attended by delegations from 46 nations and representatives of the art world. Delegates discussed, among other things, how well the country implement the provisions of the Washington Nazis confiscated art. They also signed a document entitled «Terezin Declaration» (Terezin - a town not far from Prague, where during the war was a concentration camp). The Declaration reaffirms the provisions of the Washington and spoke about the moral duty of the States and organizations of Holocaust victims recover their property, as well as the need to provide them with material support. In particular, the Nazi stolen art works, whose owners died without leaving heirs, can be sold to obtain funds to help poor Jews from the Holocaust. In Terezin will create an international institution that will be a single information center for restitution.

Let us recall that the Washington regulations were developed in 1998. They were signed by representatives of 44 States. According to this document, the authorities undertake a detailed review of provenansy in public meetings «controversial» works, to publish information about them and to encourage the legitimate owners to apply for them as well as to make their archives available to the public. Washington provisions are not legally binding, but their failure can not very well affect the image of the state.

In the years of Hitler's Nazis stole or confiscated from Jews around 650 thousand pieces of art. In addition, they often force owners to sell works by dumping prices. Many Jewish collector who lost by the fault of the Nazis and the house was left with nothing, but to put their treasures under the hammer. Those who fled the country, are often left to work in the care of friends, dealers and museums. Activities for which no one came back, found a new home in public and private collections, whose current owners, and sometimes no idea about their «dark» origin. Of course, the loss of works of art can not be compared with the human losses, but it must be remembered that one of the main objectives of Hitler's policies were destroying the culture of European Jews. According to art historian and expert on restitution Masurovski Marc (Marc Masurovsky), as a result of the artistic legacy of the war the Jews were «amputated».

The author of the book «Abduction of Europe: The Fate of European cultural values during the years of Nazism» Nicholas Lynn (Lynn Nicholas) noted that, although the Washington situation, and welcome to the ethical point of view, the laws they do not. Because of this, many pretend that they like and would not. In the ten years since the signing of the provisions for restitution were returned only about 3 percent from 650 thousand stolen works. Lawyer North American Association of Art Museum Directors Knerli Stephen (Stephen Knerly) said that about 200 museums - Member of 1998, returned to pre-war owners and their heirs of all 16 exhibits.

Bill Graham (Graham Beal), Director, Detroit Institute of Arts, said that cases of restitution have been 16 more, but less than 30. He was taken from the well of the conference participants: some of the person called him a liar. Bill was accused of having left the room during negotiations about a «controversial» work, though the director is denied. According to him, a relatively small number of items devoted to the restitution of the American Museum, due to the fact that most of the stolen works of art the Nazis did not leave Europe, ie in the United States the number is small.

Many of the participants of the conference complained that «the people» to include restitution of ill. Media often publish reports of the heirs of Holocaust victims that sell for millions of dollars won in the masterpieces of the museums, and people have the impression that the restitution to them only that «ozolotitsya» by grief of their parents. And lawyers for the heirs and is considered greedy and unscrupulous. This clearly states the main opponents of restitution - the curator of the London Royal Academy, Norman Rosenthal (Norman Rosenthal) . Expert in restitution Jacques Lust (Jacques Lust) described the situation «tyranny Masterpieces». But the majority of works for which the heirs are fighting, does not so valuable, most often they are not even included in the permanent exhibition of the museums. They have the sooner «sentimental», a family, rather than financial value.

Mark Masurovski said that museums in general do not feel obliged to comply with the provisions of Washington. According to him, they are silent about provenanse exhibits «with a dark past». But who has in this case, this activity is the major auction houses. And Christie's, and Sotheby's specialists on the restitution. They are closely monitored to ensure that bids are not inadvertently stolen the Nazis came to. As senior vice president of Sotheby's, the head of the department of restitution Lusien Simmons (Lucian Simmons), commercial interests are identical with the ethical. Both auction houses have benefited from the fact that were explored provenans works: Customers feel much more confident when aware that investing in the perfect, from a legal point of view of work.

Where provenans is not as «clean», auction houses, together with sellers of taking a decision whether to seek the rightful owners. Agree to help them, in addition to attorneys, institutions like the New York review of the claims of Holocaust victims. Sometimes sellers and the legitimate owners decide to divide the income from the sale of «controversial» products.

Unfortunately, except for Christie's, Sotheby's and the Austrian Dorotheum few who are interested in the origin of on sale items. A small auction houses and dealers are often not enough money to study provenansa, and the interest they ÍÁÌÏ×ÁÔÏ. Once the work, Sotheby's rejected because of its «Nazi past», was successfully sold in private. No one care to the fact that the buyer, possibly in the future because of the great challenges of this work. Therefore, those who are going to buy a work of suspicious origin, it is necessary first to find out everything thoroughly - not to be envied buyer, tell us to work round sum, and then being drawn into costly litigation.

Yeah, without courts and lawyers in the case of restitution is not dispensed. Many speak of alternative dispute resolution, but, as always, everything depends on the laws of the countries whose public collections were stolen work. It notes the head of U.S. delegation Aizenshtat Stuart (Stuart Eisenstat). Krakow resolution, developed by Mark Masurovski and his associates in May, addresses a topic such as how to prevent the restitution: that the laws of limitation, the laws of inheritance and the laws on the national cultural heritage, as well as conflict of laws. The main failure of the Prague conference, according to some of its participants - is what continues to be no mechanism to ensure proper execution of the declaration.

Some of the countries that signed the declaration includes Russia. The delegation, led by the Special Representative of the RF President for International Cultural Cooperation, Mikhail Shvydkoi, added to the special statement. «The Russian side believes that any property associated with the events of World War II, including the tragedy of the Holocaust should be dealt with unconditional respect for the principles of post-war settlement in Europe - said Shvydkoi. - Refers to documents of the allied powers, peace treaties and other agreements post-war period ». According to these documents, the aggressor States waive any war-related claims against the Allied Powers, as well as undertake to compensate its citizens property transferred as reparations or restitution. The statement stresses that these principles are not subject to review.

Material prepared Yulia Maksimova, AI

Source: artinfo.com , ruvr.ru , artinvestment.ru