[THS] Switzerland Frees Polanski - Won`t Extradite

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Switzerland Won’t Extradite Polanski Over 1977 Case (Update2)
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By Naomi Kresge and Paul Verschuur

July 12 (Bloomberg) -- The Swiss government freed director Roman Polanski from
house arrest after refusing to extradite him to the U.S. in a case tied to a more than
30-year-old sex scandal in California.

Polanski was released from electronic monitoring at his chalet in Gstaad, Switzerland,
Justice Minister Eveline Widmer- Schlumpf said today at a press conference. She said
the U.S. refused to release documents to support its extradition request. Polanski,
whose films include “The Pianist” and “Chinatown,” is wanted for unlawful sexual
conduct with a 13-year-old girl.

“The Swiss greatly upheld European standards of extradition law,” Otto Lagodny, a
law professor who specializes in extradition law at Salzburg University, said by
telephone. “This is a fantastic decision.”

The Oscar-winning director was arrested at Zurich airport on Sept. 26, as he arrived
to collect an award at the city’s film festival. Polanski, 76, was held in a Swiss jail
before being placed under house arrest at his holiday home. He was forced to wear
an electronic monitoring tag while awaiting the government’s decision on the U.S.
extradition request.

The film director was initially charged on six felony counts alleging he drugged and
raped the teenager in 1977. He later pleaded guilty to one count of unlawful sexual
conduct with a minor after the lawyer for the girl’s family asked prosecutors to avoid
a jury trial.

‘Persisting Doubts’

Widmer-Schlumpf said the U.S. refused to disclose trial records that would shed light
on Polanski’s claim he served his sentence by spending 42 days under psychiatric
evaluation.

“Considering the persisting doubts concerning the presentation of the facts of the
case, the request has to be rejected,” the ministry said on its website. It also cited
issues of “good faith” as the U.S. never previously sought Polanski’s extradition by
Switzerland, where he is a regular visitor and has owned a home since 2006.

Widmer-Schlumpf said the U.S. can’t appeal the ruling through the Swiss courts, and
is unlikely to do so through an international tribunal. She said she discussed the case
at length with the U.S. Embassy in Bern, and “they understand the reasoning. I
expect a further good cooperation with the U.S.”

Lagodny said the U.S. refusal to produce trial documents was key to the Swiss
decision.

“We don’t have a system of closed-chamber justice,” he said. “A dictatorship would
grant extradition based on such dealings -- but not a democracy.”

Two Years

Laura Sweeney, a U.S. Justice Department spokeswoman, declined to comment.
Herve Temime, one of Polanski’s lawyers in Paris, and his Swiss attorney Lorenz Erni,
couldn’t be reached for comment. Agence France-Presse reported Polanski has left
his chalet in Gstaad.

In May, Polanski lost a bid to have a California court release testimony by a former
prosecutor that he claims shows the Los Angeles District Attorney misled the Swiss
government about the sentence he faces. Prosecutors said he could have spent as
long as two years in jail.

Polanski is married to French actress Emmanuelle Seigner and has two children. The
French-Polish dual citizen won the Oscar for best director for the “The Pianist” in
2003.

“Roman Polanski can at last return to the community of artists that has surrounded
him with warmth and respect during a months-long procedure,” said French Culture
Minister Frederic Mitterrand.

The 10-month Polanski case coincided with the U.S. Justice Department’s demands
for the disclosure of information about as many as 4,450 bank accounts held at UBS
AG by Americans accused by their government of tax evasion.

Last month, Swiss lawmakers approved a treaty clearing the way for the disclosures,
ending a two-year legal battle that threatened the American business of Switzerland’s
largest bank.

“The U.S. doesn’t have a reason to rethink its relationship with us,” Widmer-Schlumpf
said. “Wherever we’ve had duties, we’ve fulfilled them.”

The case is People of the State of California v. Roman Polanski, A334139, California
Superior Court (Los Angeles).

To contact the reporters on this story: Naomi Kresge in Zurich at
nkresge at bloomberg.net; Paul Verschuur in Zurich at pverschuur at bloomberg.net