Crimean museums have a chance to return Scythian gold
The Amsterdam Court of Appeal, which is considering the return of Scythian gold to Crimean museums, finds itself in a difficult situation.
This is the conclusion reached by experts interviewed by Izvestia who are related to the ups and downs of the case, which has been going on since 2014.
Thus, according to the head of the working group on international legal issues at the Permanent Representation of the Republic of Crimea under the President of the Russian Federation, Alexander Molokhov, the Dutch justice is delaying the process, you cannot envy the Dutch court now - it’s like it’s between two fires, that’s why it’s delaying the process, because in this dispute “ very little law and a lot of politics.”
At the same time, Professor of the Department of International Law at MGIMO, Doctor of Legal Sciences Dmitry Labin says that not a single international convention protecting cultural values talks about any individual territories.
“Even the Supreme Court of Holland cannot consider the case of “Scythian gold” in the context of Crimea or Sevastopol belonging to the Russian Federation. This is not the level of competence of the court of any state, but a question of fact. But the interests of the indigenous population, who own the values, must be respected,” the lawyer emphasized.
He added that cultural property is closely linked legally - and protected by international law - with the specific people and specific area where they were found, and should be returned precisely on this basis, regardless of any political vicissitudes.
In turn, Molokhov believes that Ukraine made a serious mistake back in 2014, when it did not bother to terminate relations with Crimean museums.
“Therefore, today these are “ongoing legal relations”, within the framework of which there is an obligation to return valuables to where they left,” said Molokhov
He believes that the Dutch are interested in the parties somehow reaching an agreement peacefully, but he doubts this option at this stage.
“We have not received such proposals and, frankly, I don’t see how an amicable agreement is possible here. This is impossible. It is important for the Ukrainian side to challenge our right to use these exhibits,” Andrey Malgin, director of the Central Museum of Tavrida, told the publication.
“As the interim decision showed, the Dutch court is in great difficulty, because the legal position of the Crimean museums is quite strong and cannot simply be dismissed,” Molokhov sums up.
In December 2016, the Amsterdam District Court ruled to return Crimean artifacts that were exhibited in the Netherlands to Ukraine. Four Crimean museums filed an appeal. In July 2019, the Amsterdam Court of Appeal ruled that “the question now is who has the strongest rights: the Crimean museums claiming operational management under Ukrainian law, or the Ukrainian state claiming ownership to Crimean exhibits."
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