A Conversation for Ask h2g2

Thoughts about Roman Polanski thing

Post 161

kea ~ Far out in the uncharted backwaters of the unfashionable end of the western spiral arm of the Galaxy lies a small, unregarded but very well read blue and white website

Was it France that wouldn't let him be extradited?


Thoughts about Roman Polanski thing

Post 162

Not-so-bald-eagle


Polanski has dual nationality (he was born in Paris). The subtleties of the Franco-US extradition treaty mean that he's safe there apparently.

smiley - coolsmiley - bubbly


Thoughts about Roman Polanski thing

Post 163

kea ~ Far out in the uncharted backwaters of the unfashionable end of the western spiral arm of the Galaxy lies a small, unregarded but very well read blue and white website

smiley - ok

Interesting that he's chosen this particular lifetime award to jeopardise his freedom.


Thoughts about Roman Polanski thing

Post 164

Giford

My understanding is that he had been to Switzerland several times before without problem. Which is (a) why he didn't think there would be a problem with this award, and (b) why some people are saying the arrest has a political dimension (i.e. why wasn't he arrested before?)

Gif smiley - geek


Thoughts about Roman Polanski thing

Post 165

toybox

>> The subtleties of the Franco-US extradition treaty mean that he's safe there apparently.<<

Isn't it a general principle that a country doesn't extradite its own citizens? This would go against the protection duty a state has towards its nationals.


Thoughts about Roman Polanski thing

Post 166

Not-so-bald-eagle


Not only did he visit Swizterland, he has a house there (and has been in and out for years). I think the 'reason' for his arrest at this particular time was that they knew he'd be flying in.

I'm not familiar with international arrest warrents, you could have expected them to be posted at all international airports with computerised passport checks.smiley - shrug
(I'm assuming it's not the first time he's been to Switzerland by air, as opposed to by road.)

smiley - coolsmiley - bubbly


Thoughts about Roman Polanski thing

Post 167

Not-so-bald-eagle

>>>Isn't it a general principle that a country doesn't extradite its own citizens?

No. A man in the UK is to by extradited to the US to face hacking charges. It's causing quite a kerfuffle in the UK because the US-British treaty, according to some, wouldn't allow a US citizen to be extradited to the UK in such a case.

http://news.bbc.co.uk/2/hi/uk_news/8357417.stm

smiley - coolsmiley - bubbly

PS Note that Polanski first went to London after leaving the US but quickly(?) changed for France



Thoughts about Roman Polanski thing

Post 168

toybox

According to Swiss press, it is Polanski himself who gave the alarm, because he asked the Swiss police for protection and thus drew attention of the authorities on his coming. They noticed that he was subject to an international warrant of arrest (?) issued in 2005. And, since he is not Swiss, he could be arrested.

See (in French)
http://www.maitre-eolas.fr/post/2009/09/29/Quelques-mots-sur-l-affaire-Polanski


Thoughts about Roman Polanski thing

Post 169

toybox

>>Isn't it a general principle that a country doesn't extradite its own citizens?

No. A man in the UK is to by extradited to the US to face hacking charges. It's causing quite a kerfuffle in the UK because the US-British treaty, according to some, wouldn't allow a US citizen to be extradited to the UK in such a case.<<

Well, then it varies with countries. In France however it appears to be the case.


Thoughts about Roman Polanski thing

Post 170

A Super Furry Animal

>> A man in the UK is to by extradited to the US to face hacking charges. <<

The supine UK government will do anything the US asks. Don't forget the Natwest 3 as well.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 171

Not-so-bald-eagle


An interesting read. I wonder when it was updated to delete the passport control at the airport bit and replace it by his vanity. I can't help wondering whether this matter isn't going to drag on and on until Polanski is deemed too old/ill to withstand the travel (face saved all round).
As I mentioned above (and as this text implies towards the top), I would have thought passport checks would have triggered *something* anyway.

smiley - coolsmiley - bubbly


Thoughts about Roman Polanski thing

Post 172

Giford

I don't think there is an international standard for extradition - each country has bilateral treaties with each other country. So Ronnie Biggs lived for years in Brazil because there was no extradition treaty between Brazil and the UK. In the Polanski case, France has no extradition treaty with the US, but Switzerland and the UK do. (Has Polanski been to the UK recently?) Presumably in this age of globalisation, that is changing.

The Swiss government 'only just noticed' that Polanski is a wanted man who frequently visits their country? Yeah, right...

Gif smiley - geek


Thoughts about Roman Polanski thing

Post 173

kuzushi


Yes, this is an agreement brought in by Labour whereby UK citizens can be extradited to the USA without the . It was originally supposed to be bi-lateral, but the Americans failed to ratify their part of the bargain. I believe it was also meant to be for terrorism cases.

This from Wiki about it:

"For example, there is at present a disagreement between the United States and the United Kingdom about the Extradition Act 2003 (text here) that dispenses with the need for a prima facie case for extradition. It is important to emphasize, however, that even had the treaty been ratified by the U.S., the treaty would still be one-sided, because it stipulates that extradition requests from the UK to the U.S. must show a "reasonable case" that the suspect committed the offense, but requests from the U.S. to the UK have no such requirement imposed on them.[2] This came to a head over the extradition of the Natwest Three from the UK to the U.S., for their alleged role in the Enron fraud. Several British political leaders were heavily critical of the British government's handling of the issue.[3] The former leader of the UK's Liberal Democrat party, Sir Menzies Campbell, had argued that the U.S. had not ratified the treaty primarily due to the influence of what he calls the "Irish lobby" – which, he said, is opposed to the treaty because it could make it easier for Britain to have alleged IRA terrorist suspects extradited from the U.S. The precedent of the Natwest Three may also be used to extradite/prosecute Philip Watts in connection with the Royal Dutch Shell reserves scandal. The press has carried vocal criticisms of the present extradition arrangements from the UK's business community, some of whom stated that they were avoiding doing business with or in the U.S. because of legal concerns such as the extradition treaty, among other concerns."


Thoughts about Roman Polanski thing

Post 174

shagbark

In the US it varies on the type of the crime.
During the Vietnam war Canada refused to extradite draft dodgers, yet bank robbers or murderers would be extradited.
There was an auto worker in Michigan who was accused of Nazi war crimes and was extradited to be tried at the Hague.


Thoughts about Roman Polanski thing

Post 175

A Super Furry Animal

Under our lovely shiny new EU Constitution, you can now be extradited to a European country for something that isn't illegal in the UK. So, if you do something in the UK that is not a crime in the UK, but what you did is illegal in another EU country, they can extradite you and try you for it in another country.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 176

Mrs Zen

Is that if the crime is committed in the UK, or if the crime was committed in the country concerned and you've returned to the UK.


Thoughts about Roman Polanski thing

Post 177

A Super Furry Animal

It's if you commit the crime in the UK. The reverse also applies: if someone does something that is illegal in the UK, but they are in a nother European country whilst doing it, they can be extradited and tried for committing that crime in the UK. So, for example, Austria has an age of consent of 14. In the UK it is illegal to have sex with someone of the age of 14. All people in Austria who have sex with someone of the ages of 14 or 15 are at risk of being arrested, deported to the UK, and tried here for statutory rape.

RFsmiley - evilgrin


Thoughts about Roman Polanski thing

Post 178

Mrs Zen

How interesting.

I wonder how long that will last.


Thoughts about Roman Polanski thing

Post 179

Giford

That sounds extremely bizarre - do you have a source RF?

Gif smiley - geek


Thoughts about Roman Polanski thing

Post 180

kuzushi


What the....?

How crazy.


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