Press Release,
National Iranian American Council (NIAC)
Washington, DC - Today, the
National Iranian American Council (NIAC) -- the largest Iranian-American
grassroots organization -- presented a brief Amicus Curiae to the U.S.
District Court for the Northern District Illinois Eastern Division in a lawsuit
that seeks to seize and auction off thousands of historic Persian artifacts of
substantial historical importance currently on display at the University of
Chicago.
"NIAC believes these
artifacts qualify as cultural property and are part of the cultural heritage of
all persons of Iranian descent," said Trita Parsi, President of NIAC. "Our role
is to ensure that they are not confiscated and auctioned off to the highest
bidder - an act that would not only contradict the principles embodied in
numerous laws and treaties, but set a terrible precedent in America and for
several similar cases as well as potentially result in retaliation against U.S.
properties worldwide."
In presenting its brief,
NIAC seeks to act as an amicus curiae or "friend of the Court," and will
ask the Court to consider the cultural importance of these artifacts when
interpreting the provisions of law that will govern its ruling.
Having faced failures to
satisfy judgments awarded by federal courts in 2003 against Iranian state-owned
assets in the U.S., the plaintiffs in Rubin v. Islamic Republic of Iran
are now targeting ancient tablets dating back as early as 515 BC from Iran's
historic ceremonial capital, Persepolis. Nearly 8,000 of these tablets are still
on loan at the University of Chicago and being studied and catalogued before
readied for return to Iran.
"Even assuming that the
tablets from Persepolis are legally owned by the Government of Iran, they do not
fully belong just to it," said Miriam Nemetz, a partner at Mayer Brown LLP, who
is representing NIAC pro bono. "U.S. and international public policy dictate
that cultural property should not be subject to collection for the satisfaction
of judgment against a government that has loaned the property to a U.S. museum.
The law recognizes the special status of cultural property and supports its
preservation."
NIAC believes these
artifacts have substantial historical importance and value to both scholars and
ordinary citizens seeking to understand Persian history and culture.
Furthermore, they are part of the cultural heritage of Iranian Americans and a
decision to sell them will do irreparable damage to the identity of the
community - while leaving the true perpetrators of terrorism unscathed.
"This case does not
represent a simple issue of monetary compensation," said Goli Fassihian, NIAC
spokeswoman. "These proceedings threaten to minimize the practice of cultural
exchange and rob a whole community of Americans of priceless artifacts that
represent its heritage."
Persian artifacts, similar
to artifacts from ancient cultures of present day Italy, Greece, Ethiopia, Egypt
and China, provide a rich and deep understanding of history and offer invaluable
insight and exchanges between people that live in modern day societies. These
artifacts have been extremely important to a wide range of academics, including
linguists, sociologists, historians, and classicists. Each tablet is a priceless
treasure - in their totality they provide a window into what was once the
largest empire in the world. Under the careful eye of archaeologists from the
University of Chicago, these tablets are providing a first-hand account of daily
life in the Persian Empire 2,500 years ago.
"If the plaintiffs are able
to satisfy their default judgment against the government of Iran by seizing
these priceless tablets, they would likely be sold to private collectors," said
Fassihian. "And, they would become unavailable for academic study or public
display - possibly forever.
Not surprisingly, the risk
of putting a price tag on 2,500 years of history has caused worldwide outrage.
Societas Iranologica Europea, a group of scholars from Europe, is circulating a
petition to President Obama asking him to protect the artifacts. Even the
Department of Justice
recognized the case crosses the line and opposed the seizure of the artifacts on
three separate occasions.
Under U.S. law, President
Obama has the power to issue an executive waiver to stop the seizure of foreign
assets if that would further U.S. national security. Due to continuing political
tensions between the U.S. and Iran, such a potentially dangerous assault on
academic and cultural exchange could have broader implications in derailing the
President's diplomatic efforts to engage Iran.
"Despite the political
challenges, we encourage the President to exercise his right to issue an
executive waiver on this issue," continued Dr. Parsi. "There is precedent for
this action, and it is of particular importance given his efforts to solicit
Iran's collaboration in Iraq and Afghanistan."
BACKGROUND ON PERSIAN
ARTIFACTS LAWSUIT
A group of Americans injured
by a Hamas bombing in Jerusalem in 1997 filed suit in a U.S. court to recover
damages from the government of Iran on the grounds that it provided material
support to Hamas. The court found that Iran's support for Hamas brought Iran
within the jurisdiction of the United States courts in accordance with a
provision of the Foreign Sovereign Immunities Act (FSIA) that creates an
exception to sovereign immunity for certain acts of "extrajudicial killing."
The government of Iran
boycotted the hearings, contending they were illegitimate. The court ruled
against Iran and issued a $412 million default judgment to the plaintiffs. After
being able to collect only a fraction of the judgment, the plaintiffs' lawyers
sued the University of Chicago - where 8,000 of the tablets are housed - to
confiscate and auction off a large collection of the artifacts as payment for
the judgment.
Currently, the University
has been prevented from returning the artifacts to Iran due to the lawsuit.
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For additional background on the Persian artifacts case, go to the
NIAC website:
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NIAC is a
Washington, DC-based 501 c(3) non-partisan, non-profit organization dedicated to
advancing the interests of the Iranian-American community. NIAC is funded
through donations from the Iranian-American community as well as grants from the
Pluralism Fund, the Kenbe Foundation, the Ploughshares Fund, and the Rockefeller
Brothers Fund, among others. For more information about the organization, please
visit www.niacouncil.org, email us at
info@niacouncil.org or send a fax to (202)
386-6409.
... Payvand News - 3/12/09 ... --
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