Independent Commission SKKG
Independent Commission of the Stiftung für Kunst, Kultur und Geschichte for Clarifying Claims Resulting from Nazi Persecution
Commission
In spring 2023, the SKKG board appointed the Independent Commission SKKG. The interdisciplinary commission is tasked with clarifying whether any of the foundation's cultural goods were lost between 1933 and 1945 due to Nazi persecution and, if so, developing a just and fair solution. The focus lies on the unconditional restitution of the cultural property in question.
The Independent Commission SKKG maintains its independence and impartiality in the clarification of Nazi-persecution-related claims. It is committed to the Washington Conference Principles of 1998, the Terezin Declaration of 2009, the ICOM Code of Ethics for Museums of 2004 and the Principles of the Stiftung für Kunst, Kultur und Geschichte (SKKG) in dealing with the loss of cultural goods due to Nazi persecution of January 10, 2023.
In accordance with the “Terezin Declaration” of 2009, the Independent Commission SKKG understands Nazi-persecution-related loss of cultural goods to mean all losses suffered by victims of the Holocaust (Shoah) and other victims of National Socialist persecution, including through robbery, coercion, confiscation, but also through forced sales and sales under duress, occurring during the Holocaust era between 1933 and 1945 and as an immediate consequence thereof.
The Commission takes decisions based on the best of its knowledge and belief, and at its own discretion. It strives to find a solution that is as comprehensible and appropriate as possible for everyone. In the event of a loss of a cultural good due to Nazi persecution and sufficient proof of legal succession, the Commission shall decide on the unconditional restitution of the cultural good or another just and fair solution.
The decisions of the Independent Commission SKKG are published once the proceedings have been concluded. An obligation of confidentiality applies during the ongoing proceedings, therefore the Commission will maintain such confidentiality.
Commission members
- Dr. iur. Andrea F. G. Raschèr, Commission President
- Prof. Dr. phil. Constantin Goschler
- Dr. iur. Claudia Kaufmann
- Prof. Dr. phil. Stefanie Mahrer
- Olaf S. Ossmann, Attorney-at-Law
Head of the Commission Office
RA lic. iur M.A. Monika Steinmann Meier
Mission
The National Socialist regime systematically persecuted millions of people in Europe – especially German and European Jews – depriving them of their personal rights and property, forcing them to flee, imprisoning them in camps, mistreating and murdering them. After the end of the Second World War, it was difficult to have a full grasp of the extent to which art and cultural goods were looted and forced to be sold. But even more than 50 years after the end of the war, the problem of Nazi-looted art had not yet been solved, as was demonstrated by looted property trials that attracted worldwide attention. There are still cultural goods lost due to Nazi persecution that have not been returned to the victims. In view of the great need for action, principles were adopted at the Washington Conference in 1998 in which the signing states, including Switzerland, committed themselves to clearing up this injustice. To this end, their mission is to locate art and cultural property lost due to Nazi persecution and, where possible, to find a just and fair solution for the art objects found.
The Stiftung für Kunst, Kultur und Geschichte (SKKG) in Winterthur regards its collection as a legacy and part of common heritage, and is committed to examining the collection for cultural goods lost due to Nazi persecution, to disclose provenances and to actively assess any legal claims. For questions relating to cultural property lost as a result of Nazi persecution, the SKKG has appointed an independent commission to clarify claims. The Commission’s objective is to find just and fair solutions to issues relating to cultural goods lost due to Nazi persecution.
To reach its objectives, the SKKG board has appointed an in-house specialist team that is directedby an external project management, which is charged with the scientific clarification of the provenance of corresponding cultural objects. This department continuously provides the results of its work to the Independent Commission SKKG.
The SKKG has pledged to recognize the decisions of the Independent Commission SKKG as binding and to implement them.
Reports
The Independent Commission SKKG opens its third proceedings to clarify the claims regarding the painting «L’eroe morto» by Giovanni Segantini
The painting, which is catalogued by the Stiftung für Kunst, Kultur und Geschichte as «L’eroe morto», 1879/80, by Giovanni Segantini has been part of the collection since 1993. There is evidence that this work previously belonged to Sigmund Waldes (1877-1961) from Dresden. Sigmund Waldes was persecuted as a Jew by the Nazi regime. He fled Germany in September 1938 through various countries, eventually reaching the Unites States.
With these proceedings, the Independent Commission SKKG is investigating whether the painting was seized as a result of Nazi persecution and whether there are any associated claims by legal successors of the former owner. This investigation is based on the research of the SKKG Provenance Research team, and is being carried out in accordance with the Rules of Procedure for the Independent Commission SKKG dated April 24, 2023 (updated: April 15, 2024).
The decisions of the Independent Commission SKKG are published once the proceedings have been concluded. An obligation of confidentiality applies during the ongoing proceedings, therefore the Commission will maintain such confidentiality.
Stiftung für Kunst, Kultur und Geschichte, Winterthur, inv. 5738: Giovanni Segantini, L’eroe morto (also known as: Der tote Held, Il prode or La capella ardente), 1879/80, oil on canvas, dimensions: 65 × 40 cm. Photo: SKKG 2020. [High res image]
The painting shows a naked male corpse lying down, with his feet in the foreground, depicted in foreshortened perspective. The corpse is rendered in a slightly golden, partly silvery-greyish color, the surroundings appear brown-reddish. A light source can be seen in the background.
Archive press releases:
Principles
- Principles of the Stiftung für Kunst, Kultur und Geschichte (SKKG) in dealing with the loss of cultural goods due to Nazi persecution
- Rules of Procedure for the Independent Commission of the Stiftung für Kunst, Kultur und Geschichte for Clarifying Claims Resulting from Nazi Persecution
- Washington Conference Principles on Nazi-Confiscated Art 1998
- Vilnius Forum Declaration 2005
- Terezín Declaration on Holocaust Era Assets and Related Issues 2009
- Best Practices for Washington Conference Principles on Nazi-Confiscated Art 2024
- ICOM Code of Ethics for Museums 2006/2010
- Link to SKKG Provenance Research