Ruling creates safeguard for antiquities trade

A HIGH Court ruling in a case of disputed antiquities could well deter further claims by foreign states, lawyers believe.

And it is Mr Justice Gray’s decision that the Islamic Republic of Iran has no right to impose its penal laws through the English courts that is expected to bring greater security to dealers.

The case, on which ATG columnist Richard Falkiner gave expert advice, centred on a number of 5000-year-old artefacts, including some chlorite vessels, for sale at the London-based Barakat Gallery.

Iranian officials became aware of them in 2004 and succeeded in obtaining an injunction to prevent their sale, claiming that they had been illegally excavated and exported from the Halil Rud site in the ancient city of Jiroft in Iran. Jiroft was only discovered in 2001 when a river burst its banks and exposed the site.

The Barakat Gallery insisted that they had acquired the artefacts in good faith and maintained that there was no proof that these particular artefacts came from the Halil Rud site.

The Iranians argued that because illegal excavation and export are criminal offences in Iran, the English court should recognise and enforce the Iranian state’s penal and public laws in this case. However, Mr Justice Gray told the court that the Iranian state had not proved under their own laws that they had automatic title to the artefacts and added that there was no precedent for a foreign state enforcing its public and penal laws through the English courts.

The Barakat Gallery was represented by Philip Shepherd QC and David Herbert of XXIV Buildings and Ludovic de Walden and Sophie Eyre of Lane and Partners LLP.

“Mr Justice Gray’s ruling has obviated the need to examine the origin of the artefacts any further,” they explained.

“There is an increasing trend towards the attempted recovery of historical artefacts. With great public, political and moral pressure being brought to bear, this judgment will give those countries either embroiled in or thinking of starting claims pause for thought.”

Mr Fayez Barakat said he was “delighted” with the result. “We do understand the Islamic Republic of Iran’s desire to preserve Iran’s rich and diverse heritage. However, there must also be protection for those of us who, quite legitimately, are dealing in antiquities. Laws should not be over-ridden simply on the basis of public pressure.”

Mr Justice Gray has allowed an application for an appeal, but the victors in the High Court are confident that his ruling will be upheld.

By Ivan Macquisten