Farouk Arnaz & Heru Andriyanto – Monday marks five years since renowned rights activist Munir Said Thalib was murdered in what law enforcement agencies believe was part of a conspiracy to silence his criticism of the military.

However, during that time, the country's justice system has only convicted three employees of state carrier PT Garuda Indonesia in relation to the murder.

"It doesn't make any sense that the murder of Munir involved only Garuda employees – they alone have no motive," Suciwati, the widow of the activist, told the Jakarta Globe on Sunday.

Police and prosecutors have linked the Sept. 7, 2004, murder to Gen. (ret.) Muchdi Purwoprandjono, former deputy chairman of the National Intelligence Agency (BIN), whose acquittal by a district court on New Year's eve was upheld in June by the Supreme Court.

Prosecutors alleged that Muchdi used his influence at the agency to orchestrate the murder in an attempt to avenge his ouster from the top post of the Army's Special Force (Kopassus) in 1998, believing that Munir's criticisms over the kidnappings of students and activists by the elite unit cost him his career.

However, the South Jakarta District Court ruled that Muchdi was not guilty as prosecutors had failed to prove the motive. The verdict that was later upheld by the Supreme Court who rejected the prosecutors' appeal.

"Muchdi's acquittal reflects a corrupt justice system and it is the job of the president to repair it," Suciwati said. "I will keep struggling for justice in Munir's name and for humanity, but not for revenge. President Susilo Bambang Yudhoyono has pledged to have this case investigated and he must deliver."

The Committee of Action and Solidarity for Munir (Kasum) has called on the president to instruct police and prosecutors to collect new evidence so that Muchdi could be retried for the murder.

Kasum coordinator Choirul Anam said that Yudhoyono had gained enough political momentum, as his Democratic Party is set to hold the majority of seats at the House of Representatives, to settle the case during his second term.

"The handling of the murder case will serve as one of the indicators to prove whether the Yudhoyono government has been successful in its protection of human rights," said Choirul, who was a friend of Munir's at Brawijaya University in Malang, East Java.

He said Yudhoyono had previously been restricted by political interests that prevented him from making a thorough assessment of the case.

"This is because Munir's killers, including Muchdi, are not just ordinary people. They still have power, despite no longer occupying their posts," Choirul said.

Munir, who founded the Commission for Missing Persons and Victims of Violence (Kontras) and Imparsial, died of arsenic poisoning on a Garuda flight en route to Amsterdam. He was 38.

"Munir was one of the leading rights activists in the world and he helped pave the way for the adoption of the enforced disappearance convention," said Mary Aileen Diez Bacalso, secretary general of the Philippine-based Asian Federation Against Involuntary Disappearances.

"I still keep his last message before his death in my cell phone, detailing his address in the Netherlands. His spirit stays with us," Bacalso said recently in Jakarta.

The Attorney General's Office has indicated it would request a case review, the remaining legal option for prosecutors to pursue Muchdi's conviction, but doing so would require them to present new evidence.

Legal experts are also still debating the right of prosecutors to request a case review, as according to the Criminal Procedures Law, the right belongs to the defendant or their family.

However, Attorney General Hendarman Supandji said that the law did not prevent prosecutors from requesting a review. "There is no single law in the country stating that prosecutors can not ask for a case review," Hendarman said.

Pollycarpus Priyanto, a former Garuda pilot who was on the same flight as Munir but disembarked in Singapore, was convicted of administering a fatal dose of arsenic to Munir's drink and was sentenced to 20 years in prison on a charge of murder.

Former Garuda president Indra Setiawan and former flight attendant Rohainil Aini were each sentenced to one year in jail as accessories to the crime.