4 Constitutional Court for the transition period, published in Official Register 446 of November 13, 2008. It said that all these remedies were at the petitioner’s disposal, and he cannot excuse his own negligence by arguing his future fear about the courts’ impartiality. 17. In the State’s view, the petitioner was attempting to have the IACHR act as a “fourth instance” to review the substance of a domestic administrative decision simply because he was dissatisfied with the results of a proper administrative act. IV. ANALYSIS ON COMPETENCE AND ADMISSIBILITY A. Competence 18. In principle the petitioner is empowered by Article 44 of the American Convention to submit petitions to the Commission. The petition indicates as alleged victim an individual person with respect to whom the Ecuadorian State committed to respect and guarantee the rights enshrined in the American Convention. Regarding the State, the Commission points out that Ecuador has been a State Party to the American Convention since December 28, 1977, the date on which it deposited its instrument of ratification. Therefore, the Commission is competent ratione personae to examine the petition. 19. The Commission is also competent ratione loci to hear the petition in that it alleges violations of rights protected in the American Convention that occurred within the territory of Ecuador, a State Party to the Convention. The Commission is competent ratione temporis in that the obligation to respect and guarantee the rights protected in the American Convention were already in effect for the State on the date the events alleged in the petition occurred. Finally, the Commission is competent ratione materiae because the petition reports possible violations of human rights protected by the American Convention. 20. With respect to the allegations of violation of the Inter-American Democratic Charter and the OAS Charter, the Commission notes that for the States parties to the American Convention that treaty is in principle the concrete source of their obligations to respect and protect human rights. However, in the light of Article 29.d of that international instrument, it does not exclude or limit the effect that the American Declaration and other international acts of the same nature may have on the OAS member states. In that regard, the Commission can take into account the terms incorporated by the States in the OAS Charter and the Inter-American Democratic Charter insofar as they are pertinent for interpreting the Convention and defining possible violations of human rights guaranteed by that instrument. B. Admissibility requirements 1. Exhaustion of domestic remedies 21. Article 46.1.a of the American Convention requires the prior recourse to and exhaustion of domestic remedies in accordance with generally recognized principles of international law as a requirement for the admission of a complaint lodged with the Commission. Article 46.2 of the Convention provides that the prior exhaustion of domestic remedies requirement is not applicable when: a. the domestic legislation of the State concerned does not afford due process of law for the protection of the right or rights that have been allegedly violated;