Swiss court grants Polanski bail

[Netko]

I very much doubt it. French law prohibits the extradition of French citizens, if Polanski managed to flee back to France the fact that he was out on bail in Switzerland wouldn't change anything about that. He could probably be tried for skipping bail in a French court, but he wouldn't be extradited for it. Of course after a stunt like that I doubt Polanski could ever show his face anywhere outside France's borders ever again, but that is beside the point. Unless the French decide he's more trouble than he's worth and revoke his citizenship he's home free as soon as he crosses the border.

There is the exception for the European Arrest Warrant (participating countries are obligated to extradite their own citizens for which an EAW is issued), but the problem is that the Swiss haven't ratified the council decision establishing it yet. They recognize an EAW issued by other states as a basis for extradition procedures for foreigners from Switzerland, but they cannot issue their own until they formally "join the club" which they apparently don't want to do to to the reciprocity requirements (ie. they would have to extradite Swiss citizens under a purely judicial, and not political, process). So he's not safe inside the French borders as well if another EU country decides to bring up proceedings against him (and he would presumably immediately be served with the US extradition request the minute he got extradited to any EU country other then France or Poland). However, they would have to show a proof of jurisdiction, which is obviously a problem for the original crime.

[[R_H]]

An update:

BBC

Film director Roman Polanski has been moved from a jail near Zurich to an undisclosed location for "security reasons", Swiss officials say.

Polanski, who has been held since September, is to be placed under house arrest at his Alpine chalet on Friday after being granted bail by a court.

He fled the US in 1978 after pleading guilty to having unlawful sex with an underage girl.

Switzerland is deciding whether to extradite him to the US.

A justice ministry spokesman said Polanski left the jail in Winterthur on Thursday for "security reasons and personal protection", AP news agency reported.

The spokesman said Polanski was still expected to be taken to his chalet in the luxury resort of Gstaad on Friday afternoon.

The 76-year-old film-maker will be fitted with an electronic bracelet that will activate if he attempts to abscond.

The Swiss Federal Criminal Court granted the Oscar-winning director $4.5m (£2.7m) bail, pending proceedings for his possible extradition to the US.

The director of films such as Rosemary's Baby, Chinatown and The Pianist was arrested after travelling to Zurich on 26 September to pick up a lifetime achievement award.

Polanski was accused of raping a 13-year-old girl after plying her with champagne and a sedative during a modelling shoot in 1977.

He was initially indicted on six counts - including rape by use of drugs, child molesting and sodomy - but pleaded guilty to the lesser charge of unlawful sexual intercourse.

Polanski fled the US on the day he was to be sentenced, and has lived in France since then.