the department of cultural heritage (dch) black archaeology in lithuania issues and cases renaldas...

THE DEPARTMENT OF CULTURAL HERITAGE (DCH)

Black ArchaeologyBlack Archaeologyin Lithuaniain Lithuania

Issues and CasesIssues and Cases

Renaldas AugustinaviciusChief State Inspector of Control Division


Crimes Crimes ToTo Archaeology Archaeology

• We distinguish these archaeological crimes (in broader sense – heritage crimes):– The damage or destruction of archaeological sites by construction

works, farming, mineral extraction and other economic activities– The damage of archaeological sites by vehicles or visitors– The damage or destruction of archaeological sites or their

equipment by vandalism (graffiti, the breaking of information panels and other anti-social activities);

– The damage of archaeological sites by architectural theft (for example, the stealing of stones as construction material)

– and so on...


Black Archaeology DefinitionBlack Archaeology Definition

• Black Archaeology is the most tricky heritage crime.

• Black Archaeology has two faces. The first face is the right of people to recognize their past and the second face is the possibility to profit from the past.

• In general we consider Black Archaeology as the activity when a person is searching for archaeological items in order to sell them or otherwise get a benefit from them (for example, social prestige, good time etc.).


The Content of Black Archaeology The Content of Black Archaeology

• Black Archeology can consist of several actions which could be completely legal, semi-legal or illegal. Generally it relates to these activities:– The Extraction of Archaeological Items– The Declaration of Archaeological Items– The Misappropriation of Archaeological Items– The Trade in Archaeological Items– The Export of Archaeological Items


The Psychology of Black ArchaeologistThe Psychology of Black Archaeologist

• Black Archaeologist:– Doesn’t share the information about find spots,

because:• Other black archaeologists will begin to dig in this place• The place of the find would be protected and the metal

detecting would be forbidden.

– Collects only such finds that are in great request.

• In really Black Archaeology castrates and ‘undates’ archaeological sites.


The Psychology of Traditional ArchaeologistThe Psychology of Traditional Archaeologist

• Traditional Archaeologist:– Shares the information about the find spot, because:

• The publicity is a single measure to get the right to carry out academic or contract excavations in this place

• The finding of new archaeological objects provides academic prestige for him.

– Collects all finds regardless of their value.– The history of things is more valuable than their

price, because he try to understand the causes of human activity in the past.


When does archaeology end?When does archaeology end?

• The term ‘Black Archaeology’ says that the object of blackness is archaeology (archaeological item). But which objects are archaeological items?

• ‘Archaeological finds’ means the items or remains which have been created by man or bear signs of human existence, which have been found during research or otherwise and which possess a scientific value of the knowledge of history.– The Law on Immovable Cultural Heritage, article 2, paragraph 3.

• The definition of archaeological item is defined, but practically it is the hazy term, because we understand that not all things from the past can be considered as archaeological items.

• Thus - When does archaeology end ?


‘‘The End’ of Archaeology in LithuaniaThe End’ of Archaeology in Lithuania

• According to Lithuanian legislation:– Archaeological layer is cultural layer which is dated

up to 1800.– Archaeological sites are places where remains dated

up to the end of North War (1700-1721) are survived.

• So, all movable things belong to archaeological items if they are dated up to 18th century and they were found in the ground or underwater.


Modern Heritage and Black ArchaeologyModern Heritage and Black Archaeology

• However Black Archeology includes not only archeology, but also historic times (for example, 2nd World War relics).

• Thus, the end date of archaeology sometimes confuses the investigations of Black Archaeology cases.

• So, Black Archaeology definition must be expanded and it must include all periods of our history.

Pictures from illegal excavations at the battle fieldof 1st World War, near Maišiagala


The Treasure of The Treasure of TolušiaiTolušiai

• In 2011 a person put the photos of the treasure in the main internet site of metal detectorists ‘Kablys.com’ (Hook).

• The treasure consisted of the banknotes and documents of 20th century. The treasure had been found in the ground.

• DCH transmitted this information to LCPB and criminal investigation started.

• The finder transferred the treasure voluntary to Siauliai ‘Ausra’ museum during the criminal investigation.

• Because the specialists of Siauliai ‘Ausra’ museum defined that the treasure has not considerable historic value and the treasure had been disposed to the museum, the criminal investigation had been cancelled.


The Ownership ofThe Ownership of Archaeological ItemsArchaeological Items

• Archaeological item can be defined:– as find (items had been accidentally lost or specially discarded

in the past)– as treasure (valuable items had been intentionally hidden in the

past).• According to Lithuanian legislation, archaeological item

transfers to the ownership of the state, if:– It can be defined as find, and– it has cultural value, and– it’s owner or possessor is unknown.

• If archeological item is a treasure or the part of it, such item belongs to the owner of property where the item was found.


The Scheme of OwnershipThe Scheme of Ownership


Archaeological Items as TreasureArchaeological Items as Treasure

• The owner of a treasure is the owner of property where the treasure has been found, but:– A person who found a treasure by chance or with

owner’s permit can get the one-fourth of the treasure.– The shares of the treasure can be changed but it

must be agreed in written form.

• If a treasure has historical, cultural or archaeological value, it can be taken for public benefit. The owner of the treasure must be properly compensated.


Taking Taking AA Treasure Treasure for Public Benefitfor Public Benefit

• DCH establishes a commission which identifies the historical, cultural, archaeological value and the price of the treasure. The price of the treasure is market price. The commission proposes a museum which must get the treasure too.

• Between the museum and the owner of the treasure is signed the agreement in which the conditions of the payment are defined.

• The museum pays off the price of the treasure to the owner of the treasure from funds which are assigned for the acquisition of exhibits.

• The treasure transfers to the museum (public benefit) when the final payoff is made.


Labanoras Church TreasureLabanoras Church Treasure

•After the fire of Labanoras church a treasure had been found in 2010. The treasure consisted of the coins of the first half of 20th century (1027 coins). •The Commission defined the price of the treasure - 900€. The treasure have been transferred to local museum ‘Nalsia’ by the recommendation of the commission.•Labanoras Church Treasure was the first treasure which have been taken to public benefit, but archaeological items were not found in it.


Archaeological Items as FindsArchaeological Items as Finds

• If archaeological item cannot be considered as a treasure and the owner or possessor is unknown, it transfers to the state’s ownership.

• The reward is paid off to the person who found accidentally these archaeological items.

• This scheme of the reward is applied not only for archaeological items, but for other cultural objects too.


The Reward forThe Reward for Archaeological ItemsArchaeological Items

• The finder must deliver item to DCH during one week and show the find spot.

• DCH checks the find spot and marks it in large-scale maps.

• The Commission of The Evaluation of Movable Cultural Properties defines the cultural, historical and archeological value of item.

• If a find has cultural, historical and archeological value, the Ministry of Culture selects a museum in which the find must be transferred.

• DCH informs the police about the find and delivers it to the selected museum.


The Reward forThe Reward for Archaeological ItemsArchaeological Items

• If the lawful owner of the find doesn’t manifest during 6 months, the museum makes the agreement with the finder in which the size of the reward and the conditions of the payment are defined.

• The museum pays off the reward from funds which are assigned for the acquisition of exhibits.

• The size of reward is not related with the market price of the find. The reward is the payment for the finding.

• The payment of the reward can be cancelled if a finder didn’t deliver item to DCH during one week, gave incorrect information about find spot or obtained find in illegal way (for example, by metal detecting).


Ukmergė SwordUkmergė Sword

•In 2010 boys found the sword underwater, in Sventoji river, during the swiming. •The sword is dated the first half of 19th century and it relates to Napoleon's Army.•The Commission of The Evaluation of Movable Cultural Properties defined that the sword has historic and cultural value and it was transferred to Ukmergė local museum. •The sword was transferred to the museum voluntary. Thus the reward had not been paid to finders.


Semeniškiai braceletSemeniškiai bracelet

•The dweller of Semeniškiai village delivered two archaeological finds – the fragment of bracelet and ring. The date of these items is the end of Roman Period.•The Commission of The Evaluation of Movable Cultural Properties defined that the archaeological finds has historic and cultural value and it was transferred to Kernave Reserve Museum. •Most exciting fact is that the other side of bracelet had been found during archaeological survey in 2008.


Black Archaeology Black Archaeology AAs Thefts Theft

• The appropriation of finds and treasures can be considered as criminal offence against the property.

• Firstly, the criminal liability is established for the misappropriation of treasure or the items of a considerable scientific, historical or cultural significance (a person can be punished by the imprisonment up to two years).

• Secondly, archaeological finds which are found in the ground or underwater must be transferred to the ownership of the state. Thus the prey of black archaeologists can be defined as stolen items and the appropriation of finds or treasures would be the form of theft.

• According to Criminal Code a person who seizes the objects of a considerable scientific, historical or cultural significance can be punished by imprisonment of up to eight years.


Black Archaeology As Administrative OffenceBlack Archaeology As Administrative Offence

• The Code of Administrative Offences (CAO) establishes the administrative liability for persons who violate the legislation of treasures and finds and the criminal liability is not established for this violation.

• According to CAO person who offends the requirements of the Law on Immovable Cultural Heritage or the Law on Movable Cultural Properties shall be noticed or punished by fine. The size of the fine ranges from 140 to 1400 €.

• DCH conducts the investigation of these administrative offences and imposes administrative penalties.


General Rules of Trade in AntiquesGeneral Rules of Trade in Antiques

• If a person wants to sell antiques which are dated up to 1800, the license of trade must be obtained from DCH.

• If a person wants to sell antiques which are dated from 1800 to 1940 he must inform about this activity DCH.

• Above mentioned requirements are applied to internet trade too.

• Provisions shall enter into force from 1st January, 2013


Trade in Archaeological ItemsTrade in Archaeological Items

• In Lithuania trade in archaeological items is forbidden from 1993.• To buy, to sell, to exchange, to donate, to mortgage, to lease

or otherwise transfer the rights of possession of archaeological finds is prohibited, except for:– Archeological finds are legally acquired in other countries and legally

imported in Lithuania– Archaeological finds are transferred to national, republic or municipal ty

museum– Archeological finds are the objects of the exchange between museums– Archaeological finds are found accidentally and the reward is paid for

them by defined legislation– Archaeological finds are found as treasure and it is taken for public

benefit.• Internet trade in archaeological items is impossible too, because

the sale of these items is prohibited on the whole.


The Sale of Linkuva SwordThe Sale of Linkuva Sword

•In 2010 a person offered to buy the sword of Viking Age (the price – circa 2000 €).•DCH and Lithuanian Criminal Police Bureau (LCPB) ascertained that the person really sells the sword, the item was taken as the evidence and later the person had been punished by the administrative fine.•The sword had been returned to the person after the investigation, because the confiscation of the items of illegal trade is not establish by CAO.•Despite of it, the sword had been immediately listed as the movable cultural property.


The officers of DCH defined that the sword was restored by professionals,but the identity of restorer is unknown.


Lithuanian Antique Dealers in EbayLithuanian Antique Dealers in Ebay


Liability forLiability for Illegal Trade in AntiquesIllegal Trade in Antiques

• The trade in antiques without holding a license or the trade in archaeological items is considered as illegal commercial activity.

– A person who undertakes commercial activities without holding a license or who engages in prohibited commercial activities can be punished by imprisonment up to four years.

• CAO establishes the administrative liability for the offences of The Instructions of The Trade in Antiques too, if the criminal liability is not established for these offences.

– Person who offends the requirements of The Instructions of Trade in Antiques can be noticed or punished by fine to 280 €.

• DCH investigates the offences of The Instructions of The Trade in Antiques and impose a administrative penalties.

• DCH has the right to stop the dealing in antique if this dealing is suspicious or the object of the dealing is very important for the cultural heritage of Lithuania. The term of suspension is no longer than 20 working days.


Combat Against Archaeology DealersCombat Against Archaeology Dealers

• If illegal trade in archaeological items is defined, DCH reports about it LCPB. LCPB exercises criminal investigations itself or delegates them to the local offices of the police. Besides LCPB has the special unit which specialized in the thefts of cultural or art properties.

• Today 5 criminal investigations which are related to illegal trade in archaeological items are carrying out. And now we have more than 1000 archaeological items that were took during the search in the houses of suspects. We must point that the part of them were fakes (often stone axes and other stone items).

• The main problem in the investigations of internet trade in archaeological items is to define the identity of sellers. All they works under the shade of nicknames and the identity of the user can not be disclosed by administrative measures. A criminal investigation must be started for it. Paradoxically internet advert is not considered as a strong reason to start a criminal investigation, because such advert can be a black joke.


Archaeological Items Taken from Archaeological Items Taken from DealersDealers

61 archaeological item. The total priceof them was defined 3 800€.


Archaeological Items Taken from Archaeological Items Taken from DealersDealers

56 archaeological items. The total priceof them was defined 35 000€.


The Export of Archaeological ItemsThe Export of Archaeological Items

• The Government is approved The List of Movable Cultural Properties and Antiques the export of which requires a license. If exported antique is entitled in above mentioned list, a person must obtain the export license from DCH.– A license is mandatory if antique is exported to any country from

Lithuania (inside of EU too). – If The Board of the Export of Cultural Properties defines that the

antique is significant for the cultural heritage of Lithuania, a license cannot be granted for permanent export.

• The export of antiques without holding a export license is considered as smuggling.– A person who without a license transports across the state border

movable cultural properties or antiques can be punished by imprisonment f up to eight years.

• Besides Lithuania appears as a transit country as other countries of our region, because we have several case when collections of antiques from Russia were being suspended by Lithuanian Customs.


Archaeological items fromArchaeological items fromLithuania in Denmark, 199Lithuania in Denmark, 19988


Archaeological Items In Transit, 2004Archaeological Items In Transit, 2004


Metal detecting in LithuaniaMetal detecting in Lithuania

• The use of metal detectors in archaeological sites without a permission is forbidden.

• According to legislation a person who searches for antiques in soil or underwater with metal detector or other search equipment must obtain a permit for archaeological excavations.– So, despite the status of the land (listed or not) only

archaeologists can use metal detectors in order to find archaeological or other ancient items in the ground or underwater.

• Only administrative liability is established for illegal use of metal detector. Thus, the duty of DCH is to investigate the cases of illegal metal detecting.


Metal Detecting As DestructionMetal Detecting As Destruction & Crime& Crime

• Illegal metal detecting is considered as a activity which damages archaeological sites.

• A damage assessment is carried out by DCH. The size of the damage is the costs of archaeological excavations which would be carried out if the metal detecting would be done in legal way.

– For example, the damage is equal to the costs of archaeology survey.

• A criminal liability is established for the persons who destroy or damage the sites of historic value.

– Such persons can be punished by imprisonment up to five years. – A criminal liability differently form the misappropriation or theft of archaeological

items is defined not only for intentional, but for careless offence too.


Black Archaeology In Action, Eastern LithuaniaBlack Archaeology In Action, Eastern Lithuania

• One of the first cases of illegal excavations was documented in 1985, when in one site of 80 burial mounds 30 were excavated illegally.

• In 2003, the new wave of plundering of burial mounds started. 52 burial mounds of 8 barrows fields were plundered in Eastern Lithuania.


Black Archaeology in Action, Eastern LithuaniaBlack Archaeology in Action, Eastern Lithuania• The case of 2003 was widely presented in mass-media

and attracted attention of the supreme political power, including the President of Lithuania, who required explanations from certain institutions involved in this matter.

• The Police, Customs, Frontier services and Department of State Security were informed in order to prevent export of illegally excavated finds. However the items were not be found.

• After these events, DCH and Police Department set up the action plan aimed at prevention of heritage items plundering.

• Later the case of 2003 was suspended because of the lack of evidences.


The First Criminal CaseThe First Criminal Case, Šilalės district, Šilalės district

In 2004 a metal detectorist who excavated two burial grounds of Iron Age was suspended . 54 archaeological items were confiscated. The total price of them was defined 5600€. Archaeological items were transferred to The National Museum of Lithuania.

In 2005 a metal detectorist was recognized a guilty (the appropriation of archaeological items) and sentenced to two years probationer.


Black Archaeology in Action, Black Archaeology in Action, PaluobėPaluobė

• In 2006 DCH received the information from local authorities that Paluobė hill-fort is excavated by black archaeologists.

• The illegal excavations of Paluobė hill-fort is the biggest illegal excavations in Lithuania, because nighthawks were not lazy to hire machinery, bring it in swampy area and dig out the pit in 4-5 m depth.

• During interviews local dwellers said that unknown people tried to find Swedish King who is buried with golden arms in this hill-fort.

• Fortunately, Paluobė hill-fort was recognized as false archaeological site before the illegal excavations took a place.


Black Archaeology in Action, Black Archaeology in Action, JašiūnaiJašiūnai

• Jašiūnai Barrows Field was excavated in 2007. 11 burial mounds were damaged by trenches or dig holes. Near of one dig hole burn bones were found.

• The criminal investigation was started as the desecration of human graves. But forensic experts defined that burn bones belong to the horse therefore the investigation was closed.


Black Archaeology in Action, Black Archaeology in Action, ApuolėApuolė

In 2009 two persons were suspended in the place of crime – Apuolė burial ground (Iron Age). After the suspension the police made searches in the houses of suspects too. A lot of archaeological items were found and the information about dealing was extracted from their computers. Now the case is pending in the court. The damage to Apuolė burial ground was assessed as 150 000€ and the price of confiscated archeological items was defined as 7900€.


Black Archaeology In Action, Kretinga districtBlack Archaeology In Action, Kretinga district

The same persons excavated and the archaeological sites in Kretinga district.


Black Archaeology in Action, Black Archaeology in Action, ApuolėApuolė


The Prey of Apuolė’s robbers, computer filesThe Prey of Apuolė’s robbers, computer files

1665 pictures were found in the computers of Apuolė’s robbers. 1097 archeological items were defined and the price of these items was established about 130000€. So, you can imagine the size of the prey of one group of black archaeologists since 2006 to 2009.


The Secret Factory of RestorationThe Secret Factory of Restoration


Difficulties Related to Black ArchaeologyDifficulties Related to Black Archaeology

• Many archaeological sites are far from settlements. Therefore illegal metal detecting often leaves not noticed.

• DCH has no right to make a secret tracking, to control of communications, to use the inspection of persons or their cars, even to confiscate illegally excavated items. All these actions can do the police, but firstly a criminal investigation must be started. You must provide the strong reasons for the beginning of such investigations, but often they are only in the form of rumor.

• The society and the community of archaeologists weakly recognize the issue of Black Archaeology. Some of archaeologists secretly collaborate with metal detectorists and cover their crimes.

• Museums take suspicious archaeological items though the acquisition of such items is forbidden by Valetta Convention and national laws.


Measures Against Black ArchaeologyMeasures Against Black Archaeology

• In 2009 DCH with The General Commissar of The Police agreed to reinforce the measures against Black Archaeology:– DCH and the police exchanged the lists of contact

officers who are responsible for the issue of Black Archaeology in the local divisions of each institution

– DCH made the maps of archaeological sites which could be the targets of black archaeologists and they were transferred to the local divisions of the police

– The police reinforced a patrol near target sites. Each year DCH and the police organizes several collective raids in archaeological sites.


Measures Against Black ArchaeologyMeasures Against Black Archaeology

• DCH was appealed to Emergency Service 112 and The General Commissar of the Police that a patrol would be sent to the site if they get a call about metal detecting. Later the results of the inspection are transferred to DCH.

• The officers of DCH communicates with local people and tell them about the damage of Black Archeology, leave their contacts and ask to call to the police if metal detectorists arrive in archaeological site.– For example, in this year the dweller of Laibagaliai village had seen

a metal detectorist near Laibagaliai burial ground and called to the police . Paradoxically, the call to the police and the arriving of it was so very quick that metal detectorist was suspended near the burial ground. Now it is very difficult to prove that he wanted illegally excavate Laibagaliai burial ground.


Further Measures Against Black ArchaeologyFurther Measures Against Black Archaeology

• Ancient tribes didn’t known the boundaries of contemporary countries and many archaeological cultures are expanded in several states.

• The main question in the criminal investigations of Black Archaeology is the origin of archaeological items.

• Therefore we must cooperate and:

– share the information about illegal excavations.

– exchange the contact list of officers who can immediately provide the help in the cases of smuggling

– share the information about best practices in the combat against Black Archaeology


Thank You forYour Attention

the department of cultural heritage (dch) black archaeology in lithuania issues and cases renaldas...

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black archaeology castrates

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