Icons Stolen from Occupied Churches
Agamemnon-Skopianosfaktis
WITNESS HEARING IN NETHERLANDS FOR STOLEN ICONS
A witness hearing has taken place in Rotterdam, Netherlands, in connection
with four icons stolen from Antiphonitis monastery, in the Turkish-occupied
northern part of Cyprus, and then sold to a Dutch couple.
The four icons known as ''The Apostles of Antiphonitis'' were last seen in
Cyprus in 1974 prior to the Turkish invasion and occupation of 37 per cent
of Cyprus territory, including the monastery, situated in the northern
Kyrenia district.
Mr and Mrs Lans bought the icons from an Armenian dealer, Mr Degazarian, for
the price of some 130.000 US dollars.
The Rotterdam District Court hearing concentrated on the date of acquisition
of the icons, which is claimed to be early July 1975.
The establishment of the date of purchase is important as Dutch law states
that by the passing of a 20 year-period since the date of acquisition,
purchases are considered legal, irrespective of whether they were conducted
legally or not.
Proving that the Lans acquired the icons at the alleged time of July 1975
would mean that the Church of Cyprus cannot claim the icons back.
Three witnesses, a restorer, a friend of the Dutch couple and a journalist,
who had interviewed the dealer, who sold the icons to the Lans, were brought
forward by the defendants to confirm the alleged date of purchase.
Neither of the first two witnesses were able to confirm the acquisition date
stated by the Lans, while the restorer's statement was in fact contradictory
to that of the Dutch couple.
Journalist Jan Fred van Wijnen from ''Vrij Nederland'' was called to reveal
the address of the dealer, who sold the icons to the Lans and the name of
the person who brought him in contact with him, but refused to do so, citing
his journalistic privilege.
The statement of the dealer is important to the Lans as according to Wijnen,
he stated he sold the icons to the Dutch couple after 1976.
Speaking to Cyprus News Agency, Honorary Consul of Cyprus to The Hague,
Tasoula Georgiou-Hadjitofi said she has a written statement by the dealer
confirming that he sold the icons sometime between 1976 and 1978.
Hadjitofi, who is the representative of the Cyprus Archbishop in stolen
antiquities, said even though the Dutch Court has not yet issued a decision
the chance was given for greater publicity to cases of stolen icons.
The Church of Cyprus will now have the opportunity to decide whether to hear
witnesses at this stage as well.
Hadjitofi and the lawyer of the Church, Mr R.W.Polak, are expected to visit
Cyprus this month to inform Archbishop Chrysostomos accordingly.
In the past, the Cyprus Church managed to bring back to Cyprus religious
treasures, including frescoes and icons, stolen from Churches in the
Turkish-occupied part of Cyprus and smuggled abroad.
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Church goes to court for stolen icons
29 April 1997
The Church of Cyprus will begin a legal battle before the International
Court of Justice in the Hague on 1 May to secure the return of four icons it
believes were stolen from a church in the occupied areas after the Turkish
invasion of the island in 1974.
The icons from the Antifonitis church were found in the hands of a Dutch art
collector in Rotterdam in 1995 who is claiming he bought the icons from a
reputable dealer in good faith.
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Church of Cyprus battles in court for stolen icons
Nicosia, Apr 30 1997 (CNA)
In its perpetual struggle to reclaim some of the island's religious heritage
now scattered around the world, the Church of Cyprus will make its case in a
Dutch court tomorrow to lay claim to four icons stolen from the
Turkish-occupied areas of the Republic.
The four icons depicting the Apostles John, Peter, Mark and Paul, from the
church of Jesus Christ "The Antifonitis" near Saint Ambrosios village, were
tracked down almost two years ago by Cyprus Honourary Consul to the
Netherlands, Tasoula Georgiou-Hadjitofi.
The Church has since then, been waging a legal battle to repatriate the
icons as their legal owner.
Parallel to written proceedings, a witness hearing took place on behalf of
the possessors last January. There will be witness hearing tomorrow on
behalf of the Church of Cyprus.
Georgiou-Hadjitofi, who is also Special Representative of the Church of
Cyprus for stolen antiquities, said the moment she located the stolen icons,
she informed the Church which obtained an interim seizure writ.
The icons were found in the possession of an elderly Dutch couple in
Rotterdam, who purchased them from an Armenian dealer for 200,000 Dutch
guilders in cash.
The Armenian in turn, obtained the icons from a web of illicit antiquities
dealers, some of whom are Turkish occupation troops.
The icons are now resting in a safety-deposit box in the Netherlands pending
a court decision.
The Church's legal arguments are essentially based on the Convention for the
Protection of Cultural Property in the event or Armed Conflict (May 14,
1954, The Hague) which states that cultural property removed illegally from
an occupied territory and is found in the territory of a party to the
convention, should be brought back to the country of origin.
Turkey occupies 37 per cent of Cyprus' territory after it invaded the island
almost 23 years ago.
The Church of Cyprus has initiated legal proceedings numerous times in the
past to reclaim some of its priceless religious treasures. The most famous
of these cases was the repatriation of four sixth-century mosaics after a
protracted legal battle in an Indianapolis court in 1991.
Both the Church and government of Cyprus have repeatedly protested to the
UN, UNESCO, the World Council of Churches and other international
organisations regarding the looting and destruction of the island's 9.000-
year-old cultural heritage in the Turkish-occupied areas.
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Stolen icons
Nicosia, Feb 5 1999 (CNA) -- The Church of Cyprus will examine the prospect
of an appeal against a decision by a Rotterdam court concerning four icons
stolen from the Turkish-occupied church of Antifonitis in the northern
Kyrenia district.
Cyprus' Honourary Consul to the Hague and Representative of the Church of
Cyprus for Stolen Arts, Tasoula Hadjitofi, will come here next weekend to
discuss ways of dealing with the case.
The Rotterdam District Court accepted that the four icons came from the
Turkish occupied church but ruled there was insufficient evidence to prove
they had not been purchased in good faith by a Dutch couple.
It also refuted an argument by the Cyprus Church that the icons should be
returned on the basis of the Protocol to the Hague 1954 Convention regarding
the return of cultural property in the event of armed conflict.
Even though the Netherlands have both signed and ratified the Protocol, no
law has been passed in Dutch civil law for its enforcement.
Hadjitofi told the CNA that both Turkey and the Netherlands have signed this
Protocol which says that in case of armed conflict the country which
declares war (in this case Turkey) is obliged to protect the cultural
heritage of the other country (Cyprus).
According to the Protocol, Hadjitofi added, the Netherlands were also
obliged to return the icons to Cyprus.
"The four icons were purchased by a Rotterdam couple between 1976 and 1978
from an Armenian merchant who was not, however, a certified arts' dealer",
Hadjitofi pointed out.
"The Rotterdam couple paid some 85.000 Cyprus pounds (around 170.000 US
dollars) in cash without receiving any receipt", Hadjitofi added.
The case was dealt with under Dutch law only, which provides that the
Rotterdam couple should be recognised as the owners unless proven by the
Church of Cyprus that they did not act in good faith when purchasing the
icons.
The Church of Cyprus has three months to decide whether to appeal against
the Rotterdam District Court decision.
In a press release the Cyprus Holy Archbishopric describes as "ironic" for
Cyprus and its people the fact that their cultural heritage is sold in
international markets and they have to go through expensive and trying
procedures to succeed in its return to its legitimate owners.
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