The Court found that the targeting of non-UK nationals was discriminatory and disproportionate. The Court determined that the detention measures were not compatible with the UK's obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The UK government is appealing the judgment.

The nine people currently detained in two high security prisons in the UK under the ATCSA will, however, remain in detention pending the outcome of their individual appeals which are not due to be heard until the autumn of this year.

Amnesty International opposes indefinite detention without charge or trial. The organisation continues to call on the UK government to release all persons detained under the ATCSA unless they are charged with a recognizably criminal offence and tried by and independent and impartial court in proceedings which meet international standards of fairness