Iran loses High Court battle to recover 'stolen' antiquities

Iran has lost a High Court battle to recover a collection of 5,000-year-old grave relics it says were looted from desert sites. In a ruling that could have implications for attempts by other countries to secure the return of antiquities, Mr Justice Gray said that, under the provisions of Iranian law, it could not show that it had obtained valid title to the artefacts.

Iran had sued the Barakat Gallery, an antiquities specialist with offices in Mayfair, central London and Beverly Hills, seeking to recover carved objects it said were taken from the ancient city of Jiroft in the Halil river valley in south-eastern Iran.

Lawyers acting for Iran said the treasures were among thousands of pieces stolen after floods washed away the topsoil and exposed relics in Jiroft in 2001.

But the judge said Iran had failed to prove its legal ownership of the jars, cups and other items but gave permission for his ruling to be challenged at the appeal court. "I have come, with some regret, to the conclusion that Iran has not discharged the burden of establishing its ownership of the antiquities under the laws of Iran," said Mr Justice Gray. "I readily accept that Iran has gone to some lengths to list and secure protection for its natural heritage and to penalise unlawful excavators and exporters. But the enactments relied on by Iran fall short in my judgement of establishing its legal ownership of the antiquities."

Jeremy Scott, a lawyer acting on behalf of the Iranian government, said the ruling was a setback for those trying to stop looters. "It will be of great concern to many countries throughout the world as it places their archaeological heritage at further risk."

The Barakat Gallery, which intends to fight any appeal, said it had acquired good title to the artefacts under the laws of France, Germany and Switzerland, where it bought them. The gallery's London lawyers, Lane & Partners, said the antiquities were mainly bought at auction and were valued at about £250,000. In a statement, the gallery said: "We do understand the Islamic Republic of Iran's desire to preserve [its] rich and diverse heritage. However, there must also be protection for those of us who, quite legitimately, are dealing in antiquities."

Archaeologists believe the Jiroft civilisation was one of the earliest literate societies in the world. Since 2001, excavations have uncovered graves containing carved chlorite objects, similar to the 18 Iran wants returned, but many tombs were emptied illegally between 2000 and 2004.

Iran wanted the High Courtto order the delivery up of the two jars, five cups, six vases, one bowl, one vessel and three weights held by The Barakat Gallery. Its counsel, Hodge Malek QC, had argued that the gallery had no title to them as there was "no way on earth" that the unknown finder of the artefacts could obtain good or lawful title to them.