European Court of Human Rights Rules Getty Must Return Fano Athlete to Europe

On May 2, 2024, the European Court of Human Rights (ECHR) ruled that Italy acted legitimately in seizing the Fano Athlete (also known as the Getty Bronze) and 15 other statues, declaring their export illegal and the Getty Trust negligent. The ruling stems from a 2018 Italian Court of Cassation decision ordering confiscation of the statues held outside Italy. The Getty Trust responded by asserting its ownership for over 50 years is just, ethical, and compliant with US and international law, arguing the statue was not created by an Italian artist nor found in Italian territory. However, the ECHR's decision frames the statue as European cultural heritage, emphasizing that the work—created by a European artist (possibly Lysippos), found in European waters in 1964, and transported on a European fishing vessel—must return to Europe. The article argues that the Getty's response ignores the European dimension, and that the statue's provenance from a Roman military vessel engaged in looting in Greece grants it sovereign immunity, analogous to the Spanish ship Nuestra Señora de las Mercedes case in Tampa, Florida. The author, Thomas Villa, calls on the Getty Museum to address whether the statue is European and whether the Roman transport vessel enjoyed sovereign immunity. The ECHR's ruling supersedes national arguments, asserting that the statue belongs to European heritage and must be returned to Europe.