On 27 February 1933, van der Lubbe was arrested in the building, soon after the building had begun burning. Van der Lubbe confessed and claimed to have acted alone and have set the building afire in an attempt to rally German workers against
fascist rule. He was tried along with the chief of the
Communist Party of Germany and three members of the
Bulgarian Communist Party, who were working in Germany for the
Communist International. At his trial, van der Lubbe was convicted and sentenced to death for the fire. The four other defendants (
Ernst Torgler,
Georgi Dimitrov,
Blagoy Popov, and
Vasil Tanev) were acquitted. Van der Lubbe was
guillotined in a
Leipzig prison yard on 10 January 1934, three days before his 25th birthday. He was buried in an unmarked grave in the () in Leipzig. After
World War II, attempts were made by his brother, Jan van der Lubbe, to have the original verdict reversed. In 1967, his sentence was changed by a judge from death to eight years in prison. In 1980, after more lengthy complaints, a
West German court reversed the verdict entirely, but that was criticised by the
state prosecutor. The case was re-examined by the
Federal Court of Justice of Germany for three years. In 1983, the court made a final decision on the matter and reversed the result of the 1980 trial on grounds that there was no basis for it and so it was illegal. In January 2008, the public prosecutor general
Monika Harms nullified the entire verdict and posthumously pardoned van der Lubbe.
Claimed responsibility and disputes Historians disagree as to whether van der Lubbe acted alone, as he said, to protest against the condition of the German working class, or was involved in a larger conspiracy. The Nazis blamed a communist conspiracy. Responsibility for the fire remains an ongoing topic of debate and research in modern historical scholarship. Journalist
William Shirer, writing in 1960, surmised that van der Lubbe was goaded into setting a fire at the but that the Nazis had set their own more elaborate fire at the same time. According to
Ian Kershaw, writing in , the consensus of nearly all contemporary historians is that van der Lubbe had in fact set the afire. == Lex van der Lubbe ==