NASW Hails U.S. Supreme Court Decision to Allow Detainees in Guantanamo Bay Due Process in U.S. Courts

Washington — This month, the U.S. Supreme Court ruled six to three—in agreement with an amicus brief signed by the NASW Legal Defense Fund—to allow detainees held at the U.S. Naval Base in Guantanamo Bay, Cuba, to seek habeus corpus relief in U.S. Courts.

The argument presented by the Lawyers Committee for Human Rights, which filed the brief on behalf of a coalition that includes NASW, focused on three points:

• The court's interpretation of the writ of habeus corpus is limited. The amicus brief states, “The writ of habeus corpus…provides a means to challenge executive detention on the basis of any law of the United States—not just the Constitution.”
• The brief also says, “The Constitution does entitle the detainees to due process.”
• Finally, the brief states that even democratic allies around the world who have confronted ongoing terrorist threats, and international treaties that the United States has ratified, provide for judicial review of the legality of executive detention.

Currently, more than 600 “enemy combatants,” primarily from the U.S. led war in Afghanistan, have been held without access to any legal process by the United States government at Guantanamo Bay, Cuba.

This case argues for 16 of the detainees who are attempting to gain the right to a review of the legality of their continued detention through the U.S. legal system. The lawsuit of the petitioners is based on the habeus corpus statute and the right, guaranteed by the Constitution for any person to request a basic judicial review of the legality of his or her detention.

NASW's participation in the amicus brief is based on the NASW policy statement on “International Policy on Human Rights,” and on standard 6.01 of the NASW Code of Ethics, which states:

“Social workers should promote the general welfare of society, from local to global levels, and the development of people, their communities, and their environments…and should promote social, economic, political, and cultural values and institutions that are compatible with the realization of social justice.” (NASW, 1999).

For more information regarding this issue, please visit:

• NASW News Article, “Guantanamo Case Joined:” http://www.socialworkers.org/pubs/news/2004/03/guantanamo.asp?back=yes
• NASW Legal Issue of the Month, “Social Workers and International Human Rights,” http://www.socialworkers.org/ldf/legal_issue/200404.asp?back=yes
• NASW Amicus Brief:
  Shafiq Rasul, et al v. George W. bush, et al. and Fawzi Khalid Abdullah Fahad Al Odah, et al. v. United States, et al.
  http://www.socialworkers.org/ldf/brief_bank/14077Freiman.pdf (PDF file)

The National Association of Social Workers (NASW), in Washington , D.C. , is the largest membership organization of professional social workers, with 150,000 members. It promotes, develops, and protects the practice of social work and social workers. Through its advocacy, NASW also seeks to enhance the well-being of individuals, families, and communities.