On September 26, 2009, Polanski was detained by Swiss police at
Zurich Airport while trying to enter Switzerland, in relation to his outstanding 1978 US
arrest warrant. Polanski had planned to attend the
Zurich Film Festival to receive a Lifetime Achievement Award. The arrest followed a request by the United States that Switzerland apprehend Polanski. US investigators had learned of his planned trip from a fax sent on September 22, 2009, from the Swiss
Federal Department of Justice and Police to the
United States Department of Justice's Office of International Affairs, which had given them enough time to negotiate with Swiss authorities and lay the groundwork for an arrest. Polanski had been subject of an
Interpol red notice at the request of the United States since 2005. The Swiss Federal Department of Justice and Police said Polanski was put "in
provisional detention". An arrest warrant or extradition to the United States could be subject to
judicial review by the Swiss
Federal Criminal Court and then the
Federal Supreme Court, according to a ministry spokesman. Polanski announced that he intended to appeal extradition and hired lawyer
Lorenz Erni to represent him. On October 6, his initial request for bail was refused by the Federal Department of Justice and Police; a spokesperson commented, "we continue to be of the opinion that there is a high risk of flight." On May 2, 2010, Polanski published an
open letter entitled "I can remain silent no longer!" on
Bernard-Henri Lévy's web site. In it, he stated that on February 26, 2010, Roger Gunson (the deputy district attorney in charge of the case in 1977, retired by the time of the letter) testified under oath before Judge Mary Lou Villar in the presence of David Walgren (the present deputy district attorney in charge of the case, who was at liberty to contradict and question Gunson) that on September 16, 1977, Judge Rittenband stated to all the parties concerned that Polanski's term of imprisonment in Chino constituted the totality of the sentence he would have to serve. Polanski also stated that Gunson added that it was false to claim (as the present district attorney's office does in their request for his extradition) that the time he spent in Chino was for the purpose of a diagnostic study. On July 12, 2010, the Swiss court rejected the US request and released Polanski from custody.
Reactions to the arrest In response to the arrest, the foreign ministers of both France and Poland urged Switzerland to release Polanski, who holds
citizenship of both countries, but subsequently withdrew their support for Polanski. Over 160 film directors, actors, screenwriters, and producers signed a petition, started by
Bernard-Henri Lévy,A separate petition was also issued by the
SACD (Société des Auteurs et Compositeurs Dramatiques), and received as many as 850 signatures.
France The arrest provoked particular controversy in France, where over the years many had downplayed the severity of Polanski's crime, highlighting instead his achievements as a film director and the many years that had passed since his flight from the United States. The French minister of Culture and Communication,
Frédéric Mitterrand, was vehement in his support, all the while announcing his "very deep emotion" after the questioning of the director, "a French citizen" and "a film-maker of international dimension": "the sight of him thrown to the lions for an old story which doesn't make much sense, imprisoned while traveling to an event that was intending to honor him: caught, in short, in a trap, is absolutely dreadful". These reactions resulted in political backlash in France.
Daniel Cohn-Bendit criticized these statements by Mitterrand, mainly on the grounds that it was a "matter of justice" in as much as "a 13-year-old girl was raped", adding "I believe that a minister of Culture, even if his name is Mitterrand, should say: I'll wait and read the files [myself]". "It is a tough call, since it is true that a 13-year-old girl was raped, that she said in her own words 'I complained [as it was happening]' and that she afterwards added 'I accepted a large sum of money' [to remain silent]".
Marc Laffineur, vice president of the
French National Assembly and a member of President Nicolas Sarkozy's center-right party, criticized government ministers for rushing to judgment, saying the charges against Polanski should not be minimized.
Marine Le Pen, from the
National Front, during a TV talk show on how to prevent sex crime
recidivism, criticized Mitterrand for his support of Polanski. She recalled that in 2005, Mitterrand had published the book
The Bad Life in which he wrote about having sex with male prostitutes in Thailand. In the book, Mitterrand was quoted, "I got into the habit of paying for boys ... All these rituals of the market for youths, the slave market excite me enormously. One could judge this abominable spectacle from a moral standpoint but it pleases me beyond the reasonable." Le Pen called for Mitterrand to resign. The
SACD, a society that collects authorship fees for film and theater works and redistributes them to authors, hosted an international petition in favor of Polanski. Not all assessments coming from the French film-making mainstream have been openly partisan, however.
Luc Besson, for instance, remarked: "I do not know the history of the trial. ... I feel a lot of affection for [Polanski], he's a man I really like and I know him a bit, our daughters are very good friends but there is one justice, [and] it is the same for everyone". On September 30, 2009, the French government dropped its public support for Polanski, on the grounds that he was not "above the law". Government spokesman
Luc Chatel said, "We have a judicial procedure under way, for a serious affair, the rape of a minor, on which the American and Swiss legal systems are doing their job", adding: "One can understand the emotion that this belated arrest, more than 30 years after the incident, and the method of the arrest, have caused." Public opinion polls in France consistently show that between 65% and 75% of the population want to see Polanski extradited to the United States.
Poland Poland's political leader
Jarosław Kaczyński responded to early reactions by urging members of his party to exercise calm and reminding them that it is a "case of rape and of punishment for having sex with a child". More than 100 people in the film industry, including
Woody Allen,
Monica Bellucci,
Martin Scorsese,
Darren Aronofsky,
David Lynch,
Wes Anderson,
Harrison Ford,
Harmony Korine,
Michael Mann, and
Jonathan Demme, among many others signed a petition in 2009 calling for Polanski's release. A subsequent petition the following year was signed by
Jean-Luc Godard,
Mathieu Amalric,
Xavier Beauvois,
Agnès Varda,
Bertrand Tavernier,
Jean-Stéphane Bron,
Patricio Guzmán,
Jean-Paul Civeyrac,
Katell Quillévéré and
Cristi Puiu;
Olivier Assayas and
Louis Garrel also signed both petitions.
Emma Thompson originally signed the first petition but later asked for her name to be removed after a meeting with 19-year-old college student and activist Caitlin Hayward-Tapp.
Harvey Weinstein also defended Polanski, arguing: "Hollywood has the best moral compass, because it has compassion."
Johnny Depp believed there were "shady dealings" behind his arrest.
Pierce Brosnan said that he was, "very disappointed and saddened by his arrest". In 2018,
Natalie Portman,
Xavier Dolan and
Asia Argento all expressed regret and apologized for signing the original petition. After David Lynch's death in January 2025, his daughter wrote the following August on
TikTok that her dad came to regret signing the petition. Whereas a number of those in Hollywood rallied behind Polanski, the
Los Angeles Times reported that most others in the United States seemed to have a different perspective: "In letters to the editor, comments on Internet blogs and remarks on talk radio and cable news channels, the national sentiment is running overwhelmingly against Polanski." Following the rearrest, David Wells announced that he had lied in the
Wanted and Desired documentary, claiming that director
Marina Zenovich told him that the documentary would not air in America if he refused to lie in it (which Zenovich denied). Wells then criticized Polanski, calling him a rapist and pedophile. Wells said, "It's outrageous. This pedophile raped a 13-year-old girl. It's still an outrageous offense. It's a good thing he was arrested. I wish it would have happened years before." In May 2018, Polanski and
Bill Cosby were expelled from the
Academy of Motion Picture Arts and Sciences. The Academy stated, "The board continues to encourage ethical standards that require members to uphold the academy's values of respect for human dignity." Polanski's legal team responded to the dismissal by threatening a lawsuit stating that the academy had violated its code of conduct. The Academy responded to Polanski's lawyers by stating, "The Board of Governors retains its independent duty and authority as outlined in the bylaws to address and take action on any matter, whether submitted by the process outlined above or not, related to a member's status and to enforce the Academy's Standards of Conduct." Polanski's wife
Emmanuelle Seigner turned down an invitation to join the academy in support.
Attempted extradition On September 30, 2009,
The New York Times reported that Reid Weingarten of the firm Steptoe & Johnson, a well-known
criminal defense lawyer, had been hired by Polanski for his defense along with attorneys Douglas Dalton, Bart Dalton, and Chad Hummel. According to the
New York Times: On October 21, after Swiss authorities had rejected Polanski's initial pleas to be released on bail pending the result of any extradition hearing, one of his lawyers, Georges Kiejman, floated the idea of a possible voluntary return to the United States in an interview with the radio station Europe 1: "If this process drags on, it is not completely impossible that Roman Polanski could choose to go finally to explain himself in the United States where the arguments in his favor exist." On November 25, the
Federal Criminal Court of Switzerland accepted Roman Polanski's plea to be freed on US$4.5
M bail. The court said Polanski could stay at his chalet in the
Swiss Alps and that he would be monitored by an
electronic tag during his house arrest. On December 10, Division 7 of the California Court of Appeal of the Second Appellate District heard oral argument on Polanski's petition for
writ of mandate. On July 12, 2010, the Swiss authorities announced that they would not extradite Polanski to the US in part due to a fault in the American request for extradition. Polanski was no longer subject to
house arrest, or any monitoring by Swiss authorities. In a press conference held by Swiss justice minister
Eveline Widmer-Schlumpf, she stated that Polanski's extradition to the US was rejected, in part, because US officials failed to produce certain documents, specifically "confidential testimony from a January 2010 hearing on Mr. Polanski's original sentencing agreement". According to Swiss officials, the records were required to determine if Polanski's 42-day court-ordered psychiatric evaluation at
Chino State Prison constituted Polanski's whole sentence according to the now-deceased Judge Rittenband. They reasoned that if this was the correct understanding, then "Roman Polanski would actually have already served his sentence and therefore both the proceedings on which the US extradition request is founded and the request itself would have no foundation." == Subsequent legal actions ==