THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology
in Lithuania
Issues and Cases
Renaldas Augustinavicius
Chief State Inspector of Control Division
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Crimes To 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...
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
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:
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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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
‘The 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Modern Heritage and Black Archaeology
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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 field
of 1st World War, near Maišiagala
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Treasure of Tolušiai
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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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Ownership of Archaeological 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Scheme of Ownership
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Taking A Treasure for 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Labanoras 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Reward for Archaeological 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Reward for Archaeological 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).
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Ukmergė 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Semeniškiai 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology As 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
General 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
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Trade 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The officers of DCH defined that the sword was restored by professionals,
but the identity of restorer is unknown.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Lithuanian Antique Dealers in Ebay
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Lithuanian Antique Dealers in Ebay
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Lithuanian Antique Dealers in Ebay
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Lithuanian Antique Dealers in Ebay
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Liability for Illegal 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Combat 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological Items Taken from Dealers
61 archaeological item. The total price
of them was defined 3 800€.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological Items Taken from Dealers
56 archaeological items. The total price
of them was defined 35 000€.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
The 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological items from
Lithuania in Denmark, 1998
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Archaeological Items In Transit, 2004
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Metal 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Metal Detecting As Destruction & 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The First Criminal Case, 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology in Action, Paluobė
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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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology in Action, Jašiūnai
• 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology in Action, Apuolė
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€.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology In Action, Kretinga district
The same persons excavated and the archaeological sites in Kretinga district.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology in Action, Apuolė
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Black Archaeology in Action, Apuolė
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
The 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 DEPARTMENT OF CULTURAL HERITAGE (DCH)
The Secret Factory of Restoration
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Difficulties 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Measures 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Measures 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.
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Further Measures Against Black Archaeology
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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
THE DEPARTMENT OF CULTURAL HERITAGE (DCH)
Thank You for
Your Attention