8 41. Finally, the State dismisses as unfounded the arguments of the petitioners on the alleged violations of the rights to life, humane treatment, a fair trial, freedom of thought and expression, freedom of association, and judicial protection, protected in Articles 4(1), 5(1), 5(2), 8(1), 13(1), 16, and 25(1) of the American Convention, in connection with Article 1(1) thereof. IV. ANALYSIS ON THE MERITS A. Established Facts 1. Context 1.1 The situation in the border zone of the State of Zulia 42. The State of Zulia is in the far northeast of Venezuela where it borders the Colombian departments of La Guajira, Cesar and Norte de Santander. In its concluding observations on Venezuela in 2001, the UN Human Rights Committee said that it was greatly concerned at the treatment of persons seeking asylum or refuge in Venezuela, especially those entering the country from Colombia, chiefly because of the lack of national legislation establishing selection criteria for asylum seekers even though there are bilateral arrangements between Colombia and Venezuela on such matters. The Committee is also concerned about the possible breach of the principle of non refoulement.8 43. According to the organization Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA), since July 1999 different waves of Colombians have been displaced as a result of the conflict in Colombia.9 It also notes that in four years the number of persons that moved from Colombia to bordering countries, such as Ecuador, Panama, and Venezuela, doubled from 11,700 in 1999 to 21,800 in 2002.10 It mentions that in Venezuela this situation is particularly serious on the border with the Colombian departments of Norte de Santander, Arauca, and La Guajira.11 44. PROVEA says that in March and April 2003 several groups of people moved toward the Río Oro zone (Perijá Mountains) in the State of Zulia, fleeing attacks and/or fighting between guerrillas and paramilitaries: the first group numbered 200, and the second and third groups, 600 and 1,000, respectively. 12 The Office of the Ombudsman of Colombia stated that in 2003, 3,669 Colombians sought refuge in Venezuela.13 45. According to press reports in April 2003, in addition to mass displacements, also reported in the border zone with Venezuela were armed conflicts between Colombian guerrillas and paramilitaries, as 8 Human Rights Committee, Concluding Observations of the Human Rights Committee: Venezuela, 26 April 2001, CCPR/CO/71/VEN, Available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CCPR.CO.71.VEN.En?Opendocument. 9 Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report 2000. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/00_derecho_al_asilo_y_al_refugio.pdf 10 CODHES. Monitoring 2002. Border Area. Colombia, 02, pp. 1-2 in Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2002 September 2003. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/03_derecho_al_asilo_y_al_refugio.pdf 11 CODHES. Monitoring 2002. Border Area. Colombia, 02, pp. 1-2 in Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2002 September 2003. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/03_derecho_al_asilo_y_al_refugio.pdf 12 El Universal, editions of April 3, 2009, and April 5, 2009, in Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2002 - September 2003. Available at http://www.derechos.org.ve/proveaweb/wpcontent/uploads/03_derecho_al_asilo_y_al_refugio.pdf 13 Office of the Ombudsman of Colombia, Report to the Congress of the Republic 2003, Petitioners’ brief on merits received at the IACHR on July 13, 2007.