WRITTEN QUESTION E-3419/01

by Stavros Xarchakos (PPE-DE)and Ioannis Marínos (PPE-DE) to the Commission

(21 December 2001)

Subject: Cultural heritage of occupied Cyprus

The Greek and Cypriot press report that priceless artwork is in danger of falling back into the hands of a gang of smugglers who removed it from occupied Cyprus and attempted to sell it abroad. The work in question is part of the renowned frescos from the Monastery of Antiphonitis in the Pentadaktylos region of Cyprus occupied by the Turkish army, which were seized in October 1997 following concerted action by the German and Cypriot police in Munich.

The frescos were found in fragments hidden in the walls and under the floors of two houses owned by the notorious Turkish trafficker in antiquities, Aydin Dikmen, who was arrested by Interpol at the time but is now strangely a free man despite owing tax to the German State. The work in question is in fact still with the Munich police and it has not been possible to return it to the Republic of Cyprus, though sources in Germany report that there is a serious risk that it will be given back to the Turkish dealer.

There are two reasons for this unlikely scenario. One is that the former West Germany did not sign the 1970 Unesco Treaty which provides for the return of stolen works of art to their country of origin, despite the fact that the former East Germany did sign and according to the German Treaty of Reunification the former West Germany is obliged to comply with the treaties signed by East Germany.

Secondly, German law provides that where 10 years have elapsed (and in other circumstances 20 years) since the theft, the stolen object may be returned to the dealer and not to its country of origin. There is therefore an inherent risk in this situation of rewarding the trafficker and punishing the Republic of Cyprus.

Is the Commission aware of this matter? Does it intend to raise the matter with the Turkish authorities whose army has occupied the northern part of Cyprus for 27 years? In what way will it intercede with the German authorities? What possibilities does the Commission have of intervening to ensure that the stolen goods are returned immediately to the authorities of the Republic of Cyprus?

Answer given by Mr Verheugen on behalf of the Commission

(14 February 2002)

The matter referred to by the Honourable Members concerns a claim by the Republic of Cyprus against the person who is in possession of the disputed objects. It is not for the Commission to become involved in legal proceedings in the Member States which are not related to the implementation of Community law.

In addition, it appears that the Honourable Members' information about the relevant German legal provisions could well be clarified with the competent German authorities.

At all events, Germany is not obliged to comply with the treaties signed by the former German Democratic Republic (GDR). According to Art. 12 of the German Treaty of Unification of 31 August 1990, Germany is to negotiate with the Contracting Partners of the former GDR as to whether treaties should continue to apply or cease to exist.

§ 937 para. 1 of the Civil Code (Bürgerliches Gesetzbuch) provides that a person who possesses an object for a period of 10 years without interruption will be automatically transferred ownership. However, according to para. 2 of this provision, the transfer of ownership is excluded if the possessor did not acquire possession in good faith or has subsequently found out that ownership is with somebody else.