determined according to laws for the purposes of determining secondary State liability. Only when a judgment determines the liability of an agent, and when this agent has been judicially declared insolvent, can judicial action be taken against the State. 31. The State adds that the Supreme Court Justices violated their duty to act according to the law, and that these violations are public acts because they were set forth in judicial decisions that are against the law. The State adds that the legal grounds put forward by the petitioner “are subjective, illogical, bordering on the absurd, and capricious.” The State believes that the petitioner is seeking to recover a political post, and that such an effort is inconsistent with the spirit of the American Convention. 32. The State concludes by indicating that the impeachment trial of the petitioner was conducted according to the Paraguayan Constitution, and that the Constitution has supremacy over the American Convention. The State explains that Law No. 1 of August 8, 1989, by which Paraguay integrated the Convention into its legal system, makes it subsidiary to the National Constitution. IV. A. ANALYSIS Competence of the Commission 33. The petitioner is entitled under Article 44 of the American Convention to lodge complaints before the Commission, and the alleged victim was subject to the jurisdiction of the Paraguayan State at the time of the alleged events. Paraguay is a State party to the American Convention, having deposited its instrument of ratification on August 24, 1989. Therefore, the Commission has competence ratione personae to review the petition. It also has competence ratione materiae because the petitioner alleges violations of rights protected by the American Convention. 34. The Commission has competence ratione tempore to review the petition because it is based on allegations of events that occurred starting on July 1, 2003, and therefore after the entry into force of the State’s obligations as a party to the American Convention. Furthermore, since the petition alleges that violations of rights protected by the American Convention took place within the territory of a State party, the Commission concludes that it has competence ratione loci to examine the case. B. Other requirements for admissibility of the petition 1. Exhaustion of domestic remedies 35. Article 46 of the American Convention establishes that in order for a case to be admitted, “the remedies under domestic law must have been pursued and exhausted in accordance with generally recognized principles of international law.” The purpose of this requirement is to allow the national authorities to become aware of the alleged violation of a protected right and, if appropriate, to resolve it before it is brought to an international entity. 36. The requirement for exhaustion of domestic remedies established in Article 46 of the American Convention refers to judicial remedies that are available, adequate, and effective to resolve a potential violation of human rights. In this regard, Article 46(2) specifies that this requirement does not apply when the domestic legislation does not afford due process of law for the protection of the right in question; if the alleged victim did not have access to domestic remedies; or if there is an unwarranted delay in reaching a decision on such remedies. As is indicated in Article 31 of the Rules of Procedure of the Commission, 7