Yale University Says Lawsuit By Peru Should Be Dismissed

via artdaily.org

Inca artifact of a Bronze knife pendant, photographed in New Haven, Conn. Yale University is asking a court to dismiss a lawsuit by Peru seeking the return of thousands of Inca artifacts, saying the claims were filed years too late. Yale Peabody Museum of Natural History. Photo: AP.

By: John Christoffersen, Associated Press Writer

NEW HAVEN, CT.- Yale University says a lawsuit by Peru seeking the return of thousands of Inca artifacts removed from the famed Machu Picchu citadel nearly a century ago should be dismissed because a statue of limitations expired.

Peru rejects the argument, saying Yale never owned the artifacts and that its claim is not subject to a statute of limitations under Peruvian law. Peru also says Yale did not assert ownership of the artifacts until late 2008.

“The artifacts are of immense cultural and historical importance,” Peru’s attorneys wrote in recently filed court papers. “Yale’s mere retention of the artifacts establishes nothing.”

The South American nation filed the lawsuit in December 2008 demanding the Ivy League university return artifacts taken by famed scholar Hiram Bingham III between 1911 and 1915. The claim accuses Yale of fraudulently holding the relics for decades.

The Machu Picchu ruins, perched in the clouds at 8,000 feet above sea level on an Andean mountaintop, are Peru’s main tourist attraction. The complex of stone buildings was built in the 1400s by the Inca empire that ruled Peru before the arrival of the Spaniards in the 16th century.

Yale filed court papers Friday arguing the lawsuit should be dismissed because of a three-year statue of limitations under Connecticut law. Yale says it returned dozens of boxes of artifacts in 1921 and that Peru knew it would retain some artifacts.

“In the twenty-first century, long after everyone with any personal memory of the expeditions had died, Peru claimed that Yale had not returned enough of the artifacts and demanded that it now return any artifacts that Bingham had exported from Peru,” Yale’s attorneys wrote.

Yale describes the artifacts as “primarily fragments of ceramic, metal and bone” and says it recreated some objects from fragments.

Peru says the artifacts are composed of centuries-old Incan materials, including bronze, gold and other metal objects, mummies, skulls, bones and other human remains, pottery, utensils, ceramics and objects of art. Peru says the most important artifacts were never returned.

Peru has been pressing its claim to the relics for years, saying it never relinquished ownership of the artifacts.