Swiss Justice officials behind Polanski arrest

Roman Polanski was arrested after tip-off from Swiss justice officials

Roberto Pfeil/AP

Photograph: Roberto Pfeil/AP

Roman Polanski was arrested after a tip-off from Swiss authorities. Photograph: Roberto Pfeil/AP

Matthew Weaver

guardian.co.uk News Wed 21 Oct 2009 08:37 BST

Emails show Swiss federal court of justice asked US if it wanted Polanski arrested – rather than the other way round

The film director Roman Polanski was arrested in Zurich after a tip-off by Swiss justice officials to the US authorities, documents revealed today.

Until now it had been assumed that the US had prompted the Swiss police to make the arrest in its long-running efforts to track down Polanski after he fled justice following his admission of the statutory rape of a 13-year-old in 1977.

But emails from the Swiss Federal Office of Justice show that it alerted the US Office of International Affairs. It sent an urgent fax stating that Polanski was expected in Zurich to receive a film award – as the website of the Zurich film festival had already announced.

The emails, released to the Associated Press, show that on 22 September Swiss officials asked the US if it would wanted Polanski arrested. He was arrested in Zurich four days later.

The new details again raise the question of why Switzerland decided to go after Polanski now, even though the 76-year-old director was a frequent visitor.

After receiving the tip, federal officials alerted the Los Angeles district attorney's office which immediately began drafting an arrest warrant.

Since his arrest Polanski's lawyers have failed to secure his release or prevent his expected extradition to the US. Yesterday Switzerland's top criminal court rejected his appeal to be released from prison, citing the "high" risk that the director would try to flee again.

In one of the emails released today, the US appears confident that Polanski would not be released.

The message sent by the Office of the International Affairs on the day before Polanski was arrested said: "Generally, Switzerland does not release fugitives sought for extradition. The default in Switzerland is that a fugitive will be detained until s/he is either extradited or determined by the Swiss Federal Supreme Court to be non-extraditable."

Laura Sweeney, a spokeswoman with the Department of Justice, said she could not comment on any of the events leading up to Switzerland's fax to the US.

"We don't comment on matters of extradition unless and until an individual is on US soil," Sweeney said.

Polanski was accused of plying a 13-year-old girl with champagne and drugs during a modelling shoot in 1977, before raping her. He was initially indicted on six felony counts, including rape by use of drugs, child molesting and sodomy.

He pleaded guilty to the lesser charge of unlawful sexual intercourse and fled amid a legal dispute over his sentence.

Polanski has 10 days to appeal yesterday's decision to Switzerland's supreme court. He also can continue attempts to persuade the Swiss Justice Ministry to release him. More court proceedings are expected after Washington files its formal extradition request, which it has until 25 November to submit.