Roman
Polanski: Is it time to let bygones be bygones?
Le Temps, Switzerland
Swiss Decision on
Polanski 'Courageous and Respectable'
"The record of the case shows the possibility that the extradition request was seriously flawed, and that in fact, Roman Polanski had already served the sentence for which he had been convicted. That Switzerland couldn't get a California court to provide a sensitive document likely favorable to Polanski confirms this suspicion. ... Swiss rule of law - that all citizens are equal under the law - was wrongly invoked to justify his arrest."
Eveline Widmer-Schlumpf, Swiss justice minister and member of that country's Executive, the Federal Council: After deciding to detain Roman Polanski last year, she has now decided to release him, after California legal authorities refused to hand over key documents in the case.
As the months have gone by, the
decision not to extradite Roman Polanski has been ripening. The verdict, just announced
by Federal Councilor Eveline Widmer-Schlumpf, is courageous. It will shock some
in the Swiss public who will see in this, a bit too quickly, special treatment by
Switzerland for an artist who was been found guilty of a serious crime and has
evaded justice. But this is too narrow a way to approach the Polanski case. And
it's a relief to learn that at the highest levels, the complexity of the case
and Swiss responsibility for the misadventure that has befallen the filmmaker
was recognized.
If the Federal Department of
Justice was free to decide without reference to our ministers, the decision
would likely have gone the other way. Analyzed at the legal and administrative
level, the U.S. demand to extradite Polanski should have been accepted. But to consider
an extradition request a simple administrative matter is a legal blunder. As former
Federal Councilor Elisabeth Kopp noted on her blog a few months ago, an extradition
request is a special case, and Swiss political authorities still have some room
to maneuver. If extradition procedures are governed by treaties that establish
rules for judicial cooperation, the decision to approve such a request is a
sovereign act that much be carefully weighed.
The record of the case shows
the possibility that the extradition request was seriously flawed, and that in
fact, Roman Polanski had already served the sentence for which he had been
convicted. That Switzerland couldn't get a California court to provide a
sensitive document likely favorable to Polanski confirms this suspicion. This was
compounded by the fact that the rape victim behind the case against the artist,
has said several times that she has forgiven him and no longer wants to hear this
story going back over 30 years. No federal councilor could ignore these facts
when considering a request to extradite the filmmaker.
Posted by WORLDMEETS.US
The very circumstances surrounding
Roman Polanski's arrest were heavily in his favor. The filmmaker was arrested upon
arrival in Zurich, after he was invited by Swiss authorities to receive an
award. This was to be a senior federal official who was to praise him - on
behalf of Switzerland. Polanski's confidence in Switzerland was badly betrayed
by the zeal of an official who himself reported to U.S. authorities the moment
the director arrived on Swiss soil. This - despite the fact that Polanski regularly
stayed in Switzerland at a cottage he owns - and without anyone questioning or
worrying about it. Swiss rule of law - that all citizens are equal under the
law - was wrongly invoked to justify Polanski's arrest. Or else, how can we
justify the way this principle was never brandished to trigger Polanski's
arrest during his frequent trips to Gstaad?
In the end, Eveline
Widmer-Schlumpf was convinced that Switzerland was taking no great risk by vetoing
this American demand. The refusal to extradite Polanski's is not a slap at
Washington, but at California court and legal officials who, to push their own campaigns
for higher office, sought to use Polanski to their own advantage after a Swiss
official handed them the chance. The American government has rightly welcomed Switzerland's
remarkable cooperation when it comes to welcoming two former Guantanamo
detainees - both Uyghurs. Even hostile pressure from China didn't shake Swiss
support for the Obama Administration. On this delicate issue, Switzerland has proven
its reliability. Washington won't want to sacrifice such cooperation from Bern to
see Roman Polanski on American soil with his wrists in handcuffs.
