The Swiss have decided not to extradite Roman Polanski to the United States. Per the NYT:
The stunning decision could end the United States’ three-decade pursuit of Polanski, unless he travels to another country that would be willing to apprehend him and weigh sending him to Los Angeles. France, where he has spent much of his time, does not extradite its own citizens, and the public scrutiny over Switzerland’s deliberations may dissuade other nations from making such a spectacular arrest.
The Swiss government said it had sought confidential testimony given on Jan. 26 by Roger Gunson, the Los Angeles attorney in charge of the original prosecution against Polanski. Washington rejected the request.
”Mr. Polanski can now move freely. Since 12:30 today he’s a free man,” Justice Minister Eveline Widmer-Schlumpf declared.
My guess is that the realpolitik here is that the U.S. was not really making it worth the Swiss’s while in other respects – often extraditions involve some external bartering – but who knows. I don’t know why they would need this confidential testimony. But the U.S.-Swiss extradition treaty – which you may find here – does allow considerable leeway to the Swiss authorities. I’m not sure if Polanski would be considered “convicted in absentia” – I think he was only sentenced in absentia – but in which case the Swiss can reject the extradition if they feel the rights of the person sought are not properly protected. (See art. 7.) The Swiss authorities are allowed to request further documentation in any event (art. 10), but I’m not sure that necessarily includes any documents about prosecutorial misconduct per se, which is perhaps why the United States refused to furnish the testimony.