"We have been informed by the Foreign Ministry that a Norwegian judge refused the transfer request, but we will appeal against the decision," said the head of the ministry's department for international legal assistance, cooperation and human rights, Tatjana Vucetic. She added that in his decision to refuse the extradition request, the Norwegian judge shortly explained that Gojkovic had been sentenced in absence and on the basis of witness testimonies.
According to the Norwegian press, the transfer was denied on Tuesday after a judge at a local court established that there was reason for doubt about the fairness of Gojkovic's verdict.
The judge reportedly said that the case would probably be considered fairly if a retrial was ordered, but according to the Smaalenenes Avis daily, the problem is that the Croatian authorities did not provide guarantees that there would be a retrial.
Officials at the Justice Ministry claim that Gojkovic, like other persons sentenced in absence, have the right to a retrial.
Croatia requested Gojkovic's transfer in late September 2003, after he was arrested by the Norwegian police following an international arrest warrant issued by Croatia in July 2002.
Milan Gojkovic, aka Dojc, was sentenced by the Osijek County Court in 1996 as a member of Serb paramilitary forces to 20 years in prison for crimes against civilians, hospital patients and prisoners of war, and for aiding and abetting in crimes against civilians in the area of Vukovar on the day of its occupation, November 18-19, 1991.
In February 1997 the verdict became final.
After Gojkovic's arrest, the Norwegian media started speculating how it was possible for a person convicted of war crimes to be living and working in Norway for five years and how he could have obtained a work and residence permit. The Norwegian authorities at the time stated that Gojkovic's name was not on any list of war criminals.