-Y

,BR

UN

–N

OV

. 2018 -

FIGHTING THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY

A training workshop for European judiciary, customs and law

enforcement officials

« Interagency cooperation against archaeological looting »

26 november 2018, UNESCO HQ

Archaeology and Archives Safety Advisor

Yann BRUN : tel. : +33 (0)1.40.15.34.33 / +33 (0)6.85.90.40.72 - yann.brun@culture.gouv.fr

Mission of Safety, Security and Accessibility at the French Ministry of Culture, French Republic

-Y

,BR

UN

–N

OV

. 2018 -

Prevention of thefts and malicious acts

Safety audits in France and abroad

Training and awareness raising

Guidance and recommendations

Liaison with police services, customs, gendarmerie, OCBC and

magistrates

Decision support, assistance in criminal proceedings

Mission of Safety, Security and Accessibility

(Heritage Inspection)

Archaeology and Archives Safety Advisor

Yann BRUN : tel. : +33 (0)1.40.15.34.33 / +33 (0)6.85.90.40.72 - yann.brun@culture.gouv.fr

FRENCH MINISTRY OF CULTURE

Prevention of illicit excavations and fight against illicit

trafficking of cultural property

Department of heritages

-Y

,BR

UN

–N

OV

. 2018 -

THE ILLICIT TRAFFICKING IN CULTURAL PROPERTY

IN FRANCE

THEFT OF CULTURAL PROPERTY

Return to the Nigerian authorities on 18 May 2016 following seizures in 2008

Return to the Iraqi authorities on 3 December 2012

-Y

,BR

UN

–N

OV

. 2018 -

ILLICIT TRAFFICKING OF FRENCH MARITIME

CULTURAL PROPERTY

Coins valued at between €20,000 and €760,000 each

On 21 October 2010, police (OCBC) and customs officers intercepted an individual

on his way home from Belgium on the descent of a TGV. In his luggage, one of the

main pieces of the treasure: a 25 cm diameter gold dish, without the central

medallion. (flat estimated between 1.5 and 7 million euros)

In 1985, in the Gulf of Lava near Ajaccio,

three sea urchin fishermen discovered

an incredible gold treasure.

Eight persons sentenced to 6 to 18

months' suspended imprisonment and

3,000 to 30,000 euros, return of objects

-Y

,BR

UN

–N

OV

. 2018 -

Understanding in 2010

-Y

,BR

UN

–N

OV

. 2018 -

Three emblematic cases

-Y

,BR

UN

–N

OV

. 2018 -

The case of the archaeological looter

winegrower - 2012

On February 5, 2012 at 8 a.m., the Melun

Sénart customs brigade checked a

vehicle with 4 occupants

at Ferté-sous-Jouarre

At 9:00 a. m,

an archaeologist

confirms the presence of

cultural property subject

to documentary

evidence

Illustrative image

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

A REAL MUSEUM

2321 archaeological objects from

the Gallic and Gallo-Roman period

(coins, fibulae, pottery, ceramics,

flint, sword, etc.),

RECORD SEIZURE

-Y

,BR

UN

–N

OV

. 2018 -

SEIZURE OF EQUIPMENTS AND

OBJECTS

The home visit lasted

5 hours

Information found in his computer

Seizure of two metal detectors,

36 IGN cards, one agenda + computer

Excerpt from a press

article

-Y

,BR

UN

–N

OV

. 2018 -

THE INVESTIGATION : 2012-2014

The investigation lasted 2 years, requiring several police

custody, about twenty auditions, archaeological expertise and

the utilization of more than 80 seals.

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

Tracking by plane, then clandestine search with a metal detector

and then resale of the objects on the Internet

or to numismatist merchants

EVIDENCE AND EXPERTISE

Vast collection = several lootings

Illustrative image

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

THE TRIAL IN 2014

Lure of profit

The coins were necessarily found in sanctuaries

The looter dug deep

to find the objects

-Y

,BR

UN

–N

OV

. 2018 -

On August 8, 2014, Meaux Criminal Court:

• 6 months' conditional sentence,

• customs fine of 197,235 euros,

• confiscation of the 2321 objects seized for the benefit of the Ministry of Culture

• At his own expense, publication of his sentence in several newspapers

His wife has been sentenced for complicity to a fine of 3,500 euros.

On June 15, 2016, the Paris Court of Appeal confirmed the judgment of the Meaux court

On 22 November 2017 the Court of Cassation dismissed the winegrower's appeal and the sentence

was definitively confirmed.

THE HIGHEST CONVICTION OF A LOOTER

OF TERRESTRIAL ARCHAEOLOGICAL SITES IN FRANCE

RomaniaSwitzerland

THE LOOTER'S CONDEMNATION

-Y

,BR

UN

–N

OV

. 2018 -

8/10/2013

NETWORKS ON FACEBOOK

FROM "ARCHÉO 21" TO “THE

TREASURE OF LAIGNES”

Illustrative image

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

08/10/2013

05/11/2013

25/10/2013

20/11/2013

CONDUCT OF THE LAWSUIT

Case « Facebook archéo 21 »

-Y

,BR

UN

–N

OV

. 2018 -

THE INVESTIGATION : 2014 - 2015

-Y

,BR

UN

–N

OV

. 2018 -

6 Searches on 10/03/2015 throughout France

« ARCHEO 21 » OPERATION

-Y

,BR

UN

–N

OV

. 2018 -

SEIZURE OF OBJECTS AND

EQUIPMENTS

Seizures of metal detectors including a camouflaged one

-Y

,BR

UN

–N

OV

. 2018 -

THE EXAMINATIONS : Real revelation

30 000 euros

Discovery of a treasure in Laignes of 2000 coins

in October 2012

Illustrative imageIllustrative image

-Y

,BR

UN

–N

OV

. 2018 -

NEW SEARCHES

New complaint on 13/03/2015

Searches March 11 and 12

The "Treasure of Laignes“ case

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

MEDIA COVERAGE ON MARCH 20, 2015

-Y

,BR

UN

–N

OV

. 2018 -

CONDEMNATION OF THE NETWORK

OF LOOTERS ON FACEBOOK IN 2016

Dijon Criminal Court of 27/9/2016 :

4 persons sentenced to sentences of one to two months

of suspended prison and fines of 500 euros.

The objects were confiscated as well as the metal detectors.

Sentenced jointly and severally to pay 1,300 euros to HAPPAH

The « Archéo 21 » case

-Y

,BR

UN

–N

OV

. 2018 -

SENTENCE OF LOOTERS OF THE

"TREASURE OF LAIGNES" 2016

5 persons were tried at first instance at the Dijon Criminal Court on 13/11/2015.

On 16/11/16 : the Court of Appeal of Dijon sentenced them to :

- the 2 looters - sellers: three-months suspended jail sentence + fine of 15 000 €;

- the intermediary and informant of the place and fence: three-months suspended jail sentence

- the fence buyer and seller: a fine of €3,000 + confiscation of €1,900 seized at his home; - 1 looter: fine of

€2,000;

- The confiscation of archaeological objects and return to the owners or the Ministry of Culture;

The 5 persons are ordered jointly and severally to pay: to the owners of the land: €14,287 (except the

fence), €1,000 for moral damage, €3,000 for legal costs; to the State: €5,000 for moral damage, €2,300 for

legal costs; to the HAPPAH: €2,500 for moral damage (except the fence), €2,300 for legal costs

-Y

,BR

UN

–N

OV

. 2018 -

TRACKING SHIPWRECK LOOTERS

the looting of « Jeanne-Elisabeth »

In 2007, on the basis of anonymous sources, the

Department of Underwater Archaeological Research

(DRASSM) found out that several divers had reportedly

discovered silver piasters, coins, dishes and cannons in

2006

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

THE INVESTIGATION

29/05/2007

Looting of the wreckship

from July 2006

-Y

,BR

UN

–N

OV

. 2018 -

THE INVESTIGATION

Surveillance since June 2007

26 July 2007

Illustrative image

Illustrative image

Illustrative image

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

POLICE SEARCHES

Searches at the end of November 2007

18,000 piasters discovered

and sold for an amount of 300 000 €.

-Y

,BR

UN

–N

OV

. 2018 -

Condemnation of 7 people:

exemplary sentences

The treasure looters were judged by the Montpellier court on 1/10/2015 and retried by the

Montpellier Court of Appeal on December 1, 2016:

- 5 persons have been ordered to jointly and severally sentenced pay 1,080,000 euros to the

State

- 4 years including 2 years on the farm and confiscation of 200,310 euros for the looting

fisherman

- 1 person sentenced to three years' suspended sentence, 2 persons to two years' suspended

sentence and 2 others to one year' suspended sentence

- 6 persons jointly and severally sentenced to pay 20,000 euros to the State for moral

prejudice

- Confiscation of archaeological seals for the benefit of the State

- Confiscation in real or in value of two vessels used for looting.

-Y

,BR

UN

–N

OV

. 2018 -

Since 2012, a real dynamic and collaboration has been established

between police, justice and culture sectors in the field of archaeology

and contributes to the sharing of skills.

INTERAGENCY COOPERATION

-Y

,BR

UN

–N

OV

. 2018 -

TRAINING OF ARCHAEOLOGISTS SINCE 2013

Continuing training in Paris since 2013

2013 Business Seminar

(European Center

of Bibracte)

Extended to the regions in 2018

-Y

,BR

UN

–N

OV

. 2018 -

FLAGRANT

CRIME

COMPLAINT

SUBMISSION

NOTIFICATION

TO THE PUBLIC

PROSECUTOR

TICKET

REPORTED

INFRACTION

ROLE AND EXPERTISES

Intervention

framework

EXPERTISEPLAINTIFF

AND/OR WITNESS

Illustrative image

-Y

,BR

UN

–N

OV

. 2018 -

November 2014

AWARDS CEREMONY TO THANK

THE PERFECT INTERAGENCY COOPERATION

May 2015

July 2015 et 2016Bertrand TRIBOULOT, Frédéric PONS, Michel BAUMERT, Emmanuel CHAMPEAU, Yann BRUN

Michel HOREL, Michel L’HOUR, Bernard RENARD

-Y

,BR

UN

–N

OV

. 2018 -

TRAINING FOR JUDICIARY AND LAW

ENFORCEMENT Magistrates and police

investigation services

Poitiers Court of Appeal

in 2014 and 2015

Gendarmerie Maritime 20172016 - Gendarmerie

Centre Val de Loire regionCustoms Paris 2018

Guidance and

assistance

during searches

Expertise and

keep seals

Testify,

and make

complaint

-Y

,BR

UN

–N

OV

. 2018 -

PUBLICATIONS

January 2015

September 2015

June 2017

January 2017

Since 2012, Table of offences

with codes Natinf

-Y

,BR

UN

–N

OV

. 2018 -

November 2016

April

2018

SYMPOSIUMS AND SEMINARS

NOVEMBER

2016

April and september 2016

Workshop on 29 September 2016

in Aix-en-Provence

sensitization of elected officials by the prosecutor,

the Jura Gendarmerie Brigade and the SRA on 28/4/16

-Y

,BR

UN

–N

OV

. 2018 -

RAISE PUBLIC’S AWARENESS

Cultural exhibition

Site visits or

archaeology excavation

Educate in schools

Website of the Ministry of Culture

http://www.culture.gouv.fr/Thematiques/Securite-Surete/Dans-les-lieux-et-evenements-culturels/Dans-le-patrimoine-archeologique

-Y

,BR

UN

–N

OV

. 2018 -

Law of 15 July 2008 on archives :

• Increased penalties for violations of cultural heritage:

7 years and a fine of €100,000 for theft, destruction, damage or deterioration

of cultural property (Articles 311-4-2 and 322-3-1 of the Criminal Code)

In the Customs Code :

Article 67 quinquies A (6 December 2013) allowing the recourse to any

qualified person to carry out technical expertise

Article 64 of the Customs Code (Amendement on 6 December 2013)

allowing the presence of a qualified person during house visit

Article 59i of the Customs Code (7 July 2016 ) allowing all information and

documents to be communicated between the Ministry of Culture and

customs (on request or spontaneously).

At national level

STRENGTHENING OF LEGISLATION

-Y

,BR

UN

–N

OV

. 2018 -

Law of 3 June 2016 on strengthening the fight against organized crime, terrorism

and their financing :

Article 322-3-2 of the Criminal Code, punishing intentional participation in illicit

trafficking of cultural goods originating from theatres of operations of terrorist

groups (7 years and €100,000)

Law of 7 July 2016 on freedom of creation, architecture and heritage :

• offence of destruction, deterioration, more precise degradation ("archaeological

context")

• public ownership of archaeological immovable and movable property

• creation of "refuges" in France for cultural properties in danger

• possibility of cancelling acquisitions for public collections when they concern

cultural goods resulting from illicit trafficking (after the ratification of the 1970

UNESCO Convention)

• introduction of customs controls for cultural goods on importation 1970

UNESCO Convention on Trafficking in Cultural Property,

• prohibition of the circulation and trade of cultural goods covered by a United

Nations Security Council resolution (e.g. Iraq and Syria).

At national level

STRENGTHENING OF LEGISLATION

-Y

,BR

UN

–N

OV

. 2018 -

INITIATE CRIMINAL PROCEEDINGS

Between 2015 and 2017 :

- 111 complaints and reports (art. 40 of the Code of Criminal Procedure)

- About fifty police searches carried out

- Seizure of more than 23,000 archaeological objects (looting and

international trafficking)

- The market value of the seized objects amounts to €2 million.

- 24 judgments pronounced

Example of the legal action of the Regional

Service of Archeology of PACA region

against the looting of archaeological sites and

trafficking of archaeological cultural property(Xavier DELESTRE, Regional Curator of Archaeology of PACA)

Subdepartment of Archeology (SDA)

Office of Remains Management

and archaeological documentation

Unit against archaeological looting

Department of heritage

182 rue Saint-Honoré 75033 Paris Cedex

Liste.pillages-archeo@culture.gouv.fr

Heritage Inspection

Mission of Safety, Security and Accessibility

(MISSA)

Subdepartment of financial and general

affairs

Office of Legal Affairs (BAJ)

-Y

,BR

UN

–N

OV

. 2018 -

Archaeological heritage

A fragile and non-renewable

cultural property

Archaeological heritage is not an

inexhaustible resource.

Let’s protect our heritage

Thank you for your attention.

Archaeology and Archives Safety Advisor

Yann BRUN : tel. : +33 (0)1.40.15.34.33 / +33 (0)6.85.90.40.72 - yann.brun@culture.gouv.fr

Mission of Safety, Security and Accessibility at the French Ministry of Culture, French Republic