NORWAY’S MUSEUM OF CULTURAL HISTORY (KHM) ACCUSED OF IGNORING EVIDENCE, RUBBER STAMPING BIASED REPORT AND SUPPRESSING RIGHT OF REPLY

Scathing criticism of museum director at the centre of contentious report

In a letter to Håkon Glørstad, Director of the Museum of Cultural History (KHM) at the University of Oslo, Martin Schøyen’s legal representatives have raised serious questions surrounding lack of neutrality and KHM’s mandate under Norwegian Cultural Heritage Act section 23c (amended in 2007), the legislation cited to justify the seizure of 83 items in September 2021 by Økokrim (the Norwegian National Authority for the Investigation and Prosecution of Economic and Environmental Crime).  The legislation itself has been wrongly applied to events as far back as the 1920s, in violation of article 97 of the Norwegian Constitution stipulating that no law can be applied retroactively. The letter also highlights potential irregularities in legal due process.

The questions and irregularities raised in the letter, dated 1 July 2022, include:

• Glørstad’s stance that the matter of the seizure and the subsequent report are no more than a ‘professional disagreement’ and as such deprives Dr Martin Schøyen of the right of reply that is routinely and ethically part of legal due process
• unquestioned reliance on the opinion of individuals with long-held and entrenched animosity towards Dr Schøyen and his activity as a collector, including individuals in KHM, rather than facts and evidence
• failure to provide adequate procedural and other evidential documentation behind the request for the seizure purportedly initiated by Iraq
• the absence of any burden-of-proof evidence for any specific items seized, as required by the relevant  Norwegian legislation and UNESCO convention, and as acknowledged by the Ministry of Culture as a requirement
• ignoring evidence provided by Dr Schøyen in reaching conclusions

Dr. Schøyen said: “This case is said to be the first time the Norwegian Cultural Heritage Act section 23c has been used. Sadly, the way it has been handled is shining a light on how the Norwegian legislative system is being abused by people who have a particular political agenda or academic position to maintain.  It is time for neutrality and the due process of law to be exercised.”

The letter, from Oslo firm Glittertind, states: “KHM's treatment of Schøyen will necessarily have legal consequences.”

Full Text of the Letter to KHM