How did the law catch up with Roman Polanski? | Film | The GuardianHow did the law catch up with Roman Polanski?
The film-maker's libel action and a very public trip to Switzerland may have been his downfall
Film director Roman Polanski leaving court in October 1977. Photograph: Nick Ut/AP
For a fugitive from US justice, Roman Polanski seems not to have given as much thought as he might have done to the consequences of travelling outside his adopted home, France. There, his French citizenship ensures him protection – France does not allow its own citizens to be extradited to the US.
Presumably, though, he felt safe going to Switzerland, as he has long had a chalet in the luxury ski resort of Gstaad and, according to one of his lawyers, travelled widely in continental Europe.
Los Angeles county authorities have had a warrant out for Polanski's arrest since he fled the US in 1978 while awaiting sentencing after admitting having sex with a 13-year-old girl. But they have only sought his arrest around the world since 2005, when they issued an international arrest warrant.
Their renewed interest may have been sparked off by a well-publicised libel action he brought that year in the high court in London against Vanity Fair, over an article about his earlier private life. He testified by video link for fear of being arrested if he set foot in Britain, with its easy extradition arrangements with the US.
Since then, the LA county district attorney's office has instigated moves to have him arrested at least twice, after learning that he was preparing to travel to a country with an extradition treaty with the US, but in the end he decided not to travel. This time the authorities got lucky, spotting that he was due to accept a lifetime achievement award at the Zurich film festival. Unlike his private holidays in Switzerland, this trip was publicised, ensuring plenty of warning to make sure a valid arrest request was in place.
The district attorney's office sent a provisional arrest warrant to the US Justice Department, which presented it to the Swiss authorities last week. Polanski was arrested at Zurich airport and taken into "provisional custody" in a Zurich jail.
Previous cases indicate that challenging his extradition is likely to take many months. Suspects usually remain in custody throughout the process, although bail is not ruled out. The US state department has 60 days to file a request for Polanski's transfer to LA. The request first goes to the Swiss ministry of justice and appeals are possible both against the arrest warrant and against any decision to extradite. Appeals would go to the Swiss federal penal court of justice, and any rulings there can be appealed further to the federal court of justice.