The government should not use the proposed ombudsman to investigate public complaints against enforcement agencies as an excuse not to set-up the Independent Police Complaints and Misconduct Commission (IPCMC).

In a statement today, the Police Watch and Human Rights Committee said there are serious complaints such as custodial deaths and shootings against the police and these warranted the setting-up of the IPCMC.

"The difference is that there are no complaints of loss of lives and limbs especially on a weekly if not daily basis against the customs, immigration and road transport departments.

"Non-police complaints merely involve dollars and cents," said its legal adviser P Uthayakumar.

He noted that the public's perception that Malaysia was a police state would be solidified if the government under pressure from the police, does not implement the IPCMC.

He also warned that PWHRC will be "forced to institute a public interest litigation against the prime minister and the government" if the IPCMC proposal is shelved.

He was responding to Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz's announcement yesterday that an independent body would be set-up to look into all public complaints.

The minister reportedly said the government found that not all complaints from the public were directed at the police and therefore it would be 'unfair' to set up a special body to investigate the police alone.

The IPCMC was proposed by the Royal Commission on the Police Force - formed upon the instruction of Prime Minister Abdullah Ahmad Badawi.

'Watered-down attempt'

Also stressing on the importance of the IPCMC was human rights group Suaram, which cautioned the government against using the ombudsman as an escape route.

"The ombdusman is basically a watered-down attempt to appease the public, which has demanded the IPCMC.

"They (the government) don't have the guts to set up the IPCMC," said Suaram coordinator S Arutchelvan when contacted.

He said several countries have the ombudsman but these countries also have independent police commission.

Arutchelvan noted that the IPCMC had a bigger role to play compared to an ombudsman.

"It is more specific, more permanent, in its overlooking of the police force. It can make recommendations and suggest new amendments and guidelines for the police," he added.

According to him, the ombudsman was similar to the police's public complaints bureau. "If they're following that line of argument, then why have an ombudsman at all?"

Nevertheless, he said if the ombudsman became a reality, then the government must ensure that the process of selection was transparent and involved the public.

In Philippines and Hong Kong, they have non-governmental organisations and the legal fraternity making their recommendations and this allows the ombudsman to have more recognition by the public, he added.

No single model

Amnesty International Malaysia also urged the government to establish the IPCMC after taking into consideration the range of police abuses highlighted by the royal commission.

"There is no single model for systems of accountability and different types of structures are essential to ensure that police powers are not abused and to ensure an accountable and professional police service," said its executive director Josef Roy Benedict in a statement.

Earlier today, Deputy Prime Minister Najib Abdul Razak clarified that the ombudsman was just a proposal and no decision has been made yet.

The IPCMC, which was given the given the green light by the premier, was lauded as one of the most poignant recommendations by several political parties and civil society groups.

However, the police and several ruling politicians have rejected the idea.