Filmmaker Roman Polanski will not be extradited to the United States, the Swiss justice ministry has decided.
"The reason for the decision lies in the fact that it was not possible to exclude with the necessary certainty a fault in the US extraditionary request," it said in a statement on Monday.
The announcement follows months of uncertainty over whether Polanski would have to return to the US to face sentencing for having unlawful sex with a 13-year-old girl in 1977.
"Considering all the aspects of this case – and in particular the extradition request which is not satisfying as far as the presentation of the facts of the case is concerned and the principles of state action deriving from international public order – the extradition request has to be rejected," the statement concluded.
According to Swiss Justice Minister Eveline Widmer-Schlumpf, the US has accepted the decision. The US does not have the possibility to appeal.
At a press conference in the capital, Bern, on Monday, Widmer-Schlumpf emphasised the fact that Switzerland had acted without pressure from other countries.
Swiss arrest
In September 2009, Polanski was detained in Zurich under a 1978 US warrant.
Polanski was on his way to the Zurich Film Festival, where he had been scheduled to receive a lifetime achievement award.
The film director, who has a home in Gstaad, had been on a US wanted list since 2005; the festival made it easy for the Swiss justice ministry to predict his arrival in Switzerland.
Polanski, 76, has been under house arrest in his Gstaad chalet since December 2009. He is now free to leave.
He had been living in France for the past three decades, generally avoiding countries that were likely to extradite him.
George Kiejman, one of Polanski's lawyers, said he was very happy and very moved.
"I pay tribute to the Swiss justice system; its legal analysis is very fair," said Kiejman, adding: “I think the continuing misunderstanding with the American authorities will be easier to settle and I hope he will one day be able to return to the US.”
Hervé Témime, another lawyer, said: "It's an enormous satisfaction and a great relief after the pain suffered by Roman Polanski and his family."
Swiss film director Lionel Baier, who had launched a campaign in support of Polanski, also welcomed the the decision. He told the Swiss News Agency that Switzerland had taken a long time to set right a mistake made in September.
The charges
Polanski was charged with giving drugs and alcohol to a 13-year-old girl before raping her at Jack Nicholson's Hollywood home in 1977.
According to Polanski, the teen had consented. He spent 42 days in prison undergoing psychiatric evaluation and then fled the country prior to sentencing.
He recently sought dismissal of his case on the grounds of misconduct by the now-deceased judge who had arranged a plea bargain and then reneged on it. Earlier this year the girl - now woman - involved also filed to have the charges dismissed.
At the time of Polanski's Zurich arrest, many criticised the fact that the case was being brought up so many years after the incident.
Organisers of the festival said they were dismayed and shocked at the news of the arrest.
The Swiss Filmmakers Association described it as, "not only a grotesque farce of justice, but also an immense cultural scandal".
Justice Minister Widmer-Schlumpf then defended the arrest, saying: "It is the rule of law and everybody is treated the same way, whether it is an ordinary citizen or a famous personality."
swissinfo.ch and agencies
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