Denmark Tuesday released Akhmed Zakayev, a senior Chechen fighter held by Copenhagen since October, saying it had insufficient evidence to comply with Russian demands for his extradition. The release is a blow to Russia, which has been battling for Zakayev's return since he was arrested days after Chechen gunmen took hundreds hostage in a Moscow theater. Moscow dismissed the decision as politically motivated.

Russian news agencies said Moscow would appeal in Europe.

The Danish Justice Ministry, which twice prolonged Zakayev's detention, said the top aide to nationalist Chechen leader Aslan Maskhadov had been allowed to leave Denmark.

"After going over the evidence presented by the Russians we have found that the material is not sufficient to extradite him," Justice Ministry spokesman Jacob Sharf told Reuters.

"Most of the evidence has arisen after the extradition request and after Russia's decision last year to demand his arrest... The explanations in the request are also very unclear, such as what happened, when and what Zakayev's role was."

Danish police took Zakayev into custody on October 30 at Moscow's request -- only days after special forces released hundreds of people held hostage by a Chechen suicide squad in the most spectacular fighter attack of the current campaign.

Zakayev condemned the siege, in which 129 hostages died, all but two from the effects of an anaesthetic used by security forces when they stormed the building.

He said the group responsible for the attack was a splinter faction outside the control of ousted president Maskhadov.
Russia has consistently accused Maskhadov and Zakayev of being privy to fighter plans to attack the theater.

Russia wanted Zakayev -- who was in Denmark for a conference of Chechen exiles -- to stand trial for crimes it alleges he committed in 1996-99, the years of de facto Chechen independence which followed a first Russian campaign in the region.

"It seems political motivations were more important in this issue than legal ones," Russian Justice Minister Yuri Chaika was quoted by Interfax news agency as saying.

"From the beginning it was clear, given the procrastination and delays, that the Danish side never intended to extradite Zakayev to Russia anyway."

The Russian prosecutor's office said it planned to appeal.

"As we cannot appeal against the decision of the Danish Justice Ministry and we believe the current decision is a breach of international norms, including the European convention on the fight against terrorism, we plan to appeal to the European court," an official at the office was quoted by Interfax as saying. He did not specify the court.

Russian President Vladimir Putin  threatened last month to boycott an EU-Russia summit in Copenhagen in protest against Denmark's decision to host the Chechen exiles' conference. He attended the summit after it was moved to Brussels.

Danish Foreign Minister Per Stig Moller, whose country holds the European Union  presidency, told reporters he did not expect Tuesday's decision to further damage relations between Denmark and Russia.

PHOTO CAPTION

Akhmed Zakayev, senior representative for Chechnya's nationalist President Aslan Maskhadov, speaks at a news conference in Copenhagen in this October 24, 2002 file photo. Denmark's Justice Ministry said December 3 that it had released Zakayev after he had been arrested at Russia's request in October. The ministry said in a statement it had not received enough evidence from Russian authorities to extradite Zakayev. (Jakob Boserup,Scanpix/Reuter