The Road to Chisinau - Politics and the ECHR plus Tackling State Threats to the UK
Double Jeopardy - UK Law and PoliticsShow Notes
After a year of political pressure from a growing number of Member States concerned to counter populist anti-ECHR rhetoric over asylum, illegal migration and deportation of foreign criminals, the 46 members of the Council of Europe issued the Chisinau Declaration on 15th May 2026 (https://www.coe.int/en/web/portal/-/council-of-europe-foreign-ministers-adopt-political-declaration-on-the-echr-and-migration). The Declaration targets the two articles of the ECHR most frequently deployed by migrants to halt deportations – the Article 3 absolute prohibition on torture and inhuman/degrading treatment and the Article 8 qualified right to respect for private and family life.
While the Declaration is a political document and not legally binding, it’s clear purpose is to exert pressure on the European Court of Human Rights and domestic courts to change course so that member States have greater freedom to circumvent previous human rights barriers, more easily deport/extradite foreign nationals and process asylum applications with less legal scrutiny by the Strasbourg Court.
In this week’s episode Ken Macdonald KC and Tim Owen KC discuss the politics behind the Chisinau Declaration and ask what practical effect it will have in terms of the altering the decision making of the European Court of Human Rights.
They also discuss the recent Judgment of the Court of Appeal in the controversial case involving an allegation of contempt of court against criminal defence barrister Rajiv Menon KC (https://www.judiciary.uk/wp-content/uploads/2026/05/Judgment-Rajiv-Menon-KC-CA-2026-000767-1.pdf?utm_source=substack&utm_medium=email) and debate whether, as the Independent Reviewer of Terrorism and State Threat Legislation and now the Government believes, Britain really needs more laws to tackle state-based security threats to the UK (https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2025/05/19.5.25-State-Threat-and-Terrorism-report-1.pdf).
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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.
What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system? Get answers to questions like these weekly on Wednesdays.
Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.
Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.
Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.
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More from Double Jeopardy - UK Law and Politics
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Last week’s ruling quashing the search warrants executed on 19th February 2026 at the homes of Andrew Mountbatten-Windsor at Sandringham and Royal Lodge in the context of the investigation into alleged offences of misconduct in public office was a major embarrassment for Thames Valley Police. The police accepted that the warrants had been unlawfully issued but who was to blame for the fact that the wrong section of the Police and Criminal Evidence Act 1984 was relied on? Thames Valley police claim that “the court was presented with all the necessary information and paperwork”, giving the impression that the error lay with the Judge who issued the warrants at the Old Bailey but the public reasons given by Mr Justice Hilliard (who was not the issuing Judge) did not seek to allocate blame. And despite the admitted illegality, does the law permit the police to retain the seized material if it is relevant to their continuing investigation?
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